DADOURIAN GROUP INTERNATIONAL INC v SIMMS AND OTHERS
[2009] Lloyd's Rep Plus 43
COURT OF APPEAL
Before Lady Justice Arden, Lady Justice Hallett and Mr Justice Blackburne
Option to purchase goods – Fraudulent misrepresentation
by intermediary as to his interest in the purchaser – Failure by purchaser to
open letter of credit – Arbitrator finding that purchaser was in breach of
contract and that there had been fraudulent misrepresentation on its behalf –
Award not honoured – Proceedings brought in England by seller against
controllers of purchaser – Whether controllers implicated in the fraud – Effect
of arbitration award on controllers – Measure of damages – Whether worldwide
freezing orders should be discharged.