In re Sojitz Corporation v Prithvi Information Solutions Ltd - Supreme Court of New York (Appellate Division)(Renwick J) - 10 March 2011

(2011) 820 LMLN 3(3)

Practice - Attachment - Jurisdiction - New York court ordering pre-award attachment of respondent's assets in aid of foreign arbitration to be brought by petitioner - Respondent having no connection to New York by way of subject matter or personal jurisdiction - Whether court lacked personal jurisdiction over respondent

Disputes arose between the petitioner, a Japanese company, and the respondent, an Indian company, arising out of a contract made in India, whereby the petitioner agreed to provide telecommunications equipment produced in China to the respondent in India. The contract contained choice of law and arbitration clauses that provided that the contract was governed by the laws of England and that any disputes arising “out of or connection with or in relation to” the contract would be settled by arbitration in Singapore.