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Lloyd's Law Reports

GULF BANK K.S.C. v. MITSUBISHI HEAVY INDUSTRIES LTD.

[1994] 1 Lloyd's Rep. 323

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Hobhouse

Practice - Contract - Jurisdiction - Stay of action - Advance payment guarantee and counter indemnity issued in respect of supply of plant to Ministry in Kuwait - Negotiations for resumption of contract after Iraq evicted from Kuwait failed - Ministry advised plaintiffs guarantee would be invoked - Defendants repudiated counter-indemnity - Whether plaintiffs’ claim within R.S.C., O. 11, r. 1(1)(d) - Whether leave to serve out of jurisdiction should be set aside - Whether defendants entitled to a stay.

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