Dumford Trading AG v OAO Atlantrybflot - QBD (Com Ct) (HH Judge Chambers QC sitting as a deputy judge of the QBD) - 11 May 2004

Contract - Guarantee - Dispute as to identity of guarantor - Whether uncertainty on face of guarantee - Whether extrinsic evidence admissible - Whether claimant entitled to summary judgment

The claimant, a Liechtenstein company, lent moneys to Shelley Marketing LLC ("Shelley"), a Delaware company, in respect of fishing vessels. Shelley's liability to the claimant was guaranteed under a guarantee agreement in which the guarantor was stated to be "ZAO Atalantribflot a company incorporated under the laws of Russia whose registered office is at 19 K. Marks Str, 26000, Kaliningrad, Russia". Shelly defaulted under the loan and the claimant sought to enforce the guarantee against the guarantor, which it alleged was in fact the defendant, OAO Atlantrybflot, a Russian company with its registered office at 19 K. Marks Street, 236000, Kaliningrad, Russia.