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Lloyd's Maritime Law Newsletter

International Bulk Shipping and Services Ltd v The Minerals and Metals Trading Corporation of India [and other actions] - QBD (Com Ct)(HH Judge Diamond QC sitting as a Judge of the High Court) - 3 September 1996

Procedure - Whether actions brought by US Trustee in bankruptcy to enforce arbitration awards in name of non-existent parties should be declared nullities

This was the latest stage of legal proceedings begun in 1988 to enforce six arbitration awards made in 1984 in respect of disputes arising under six charterparties concluded in 1974 and 1975. On one side of the arbitrations were International Bulk Shipping and Services Ltd (“IBSSL”) and Himoff Maritime Enterprises Ltd (“Himoff”) - which companies were controlled by members of the Himoff family. On the other side were The Minerals and Metals Trading Corporation of India, a state trading organisation, and the President of India.

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