Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

TRAFIGURA BEHEER BV v KOOKMIN BANK CO

[2006] 2 Lloyd's Rep. 455

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Aikens

Banking - Letter of credit - Issuing bank commencing proceedings against seller in Korea for breach of duty - Seller seeking declaration of non-liability and anti-suit injunction in England - Law governing claim by issuing bank against seller - Whether claim “relating to tort” - Place where most significant elements constituting the tort occurred - Whether claim more closely connected with some other jurisdiction - Private International Law (Miscellaneous Provisions) Act 1995, sections 9, 11 and 12.

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