Sep 2012
BRITISH VIRGIN ISLANDS
COURT OF APPEAL
APPLICATION TO STRIKE OUT NOTICE OF APPEAL ON BASIS THAT LEAVE TO APPEAL REQUIRED BUT NOT SOUGHT -APPLICATION TEST – WHETHER A JUDGMENT REFUSING TO SET ASIDE AN ORDER WHICH PERMITTED THE ENFORCEMENT OF AN ICC AWARD INTERLOCUTORY OR FINAL
Cukurova Holding A.S. (“Cukurova”) filed a notice of appeal against a judgment of the Learned Commercial Judge in which he refused to set aside an order which granted Sonera Holding B.V (“Sonera”) permission to enforce an ICC arbitration award. Sonera applied to have the notice of appeal struck out as a nullity on the basis that leave to appeal was required but not sought.