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Lloyd's Law Reports

DEUTSCHE SCHACHTBAU-UND TIEFBOHRGESELLSCHAFT m.b.H. v. RAS AL KHAIMAH NATIONAL OIL CO. AND SHELL INTERNATIONAL PETROLEUM CO. LTD. (Nos. 1 and 2).

[1988] 2 Lloyd's Rep. 293

HOUSE OF LORDS

Before Lord Keith of Kinkel, Lord Brandon of Oakbrook, Lord Templeman, Lord Oliver of Aylmerton and Lord Goff of Chieveley

Arbitration - Award - Enforcement - Mareva injunction - Plaintiffs obtained arbitration award in Switzerland - English interveners bought oil from defendants - Plaintiffs sought to satisfy award out of payments - Injunction granted freezing defendants’ assets - Whether injunction should be discharged - Whether award should be enforced - Arbitration Act, 1950, s. 26 - Arbitration Act, 1975, s. 5. Practice - Garnishee proceedings - Application for garnishee order to be made absolute - Relationship of creditor and debtor between judgment debtor and garnishee - Whether judgment debtor beneficially entitled to debt - Whether Court had jurisdiction to make order absolute - Whether Court should exercise its discretion in making order absolute.

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