Arcelormittal USA LLC v Essar Steel Ltd 2019 EWHC 724 Comm - 25 March 2019
These proceedings concern a worldwide freezing order, search orders and Norwich Pharmacal relief sought by ArcelorMittal USA LLC ("AMUSA"), and granted by Butcher J. at a without notice hearing on 14 January 2019, in aid of enforcement of an arbitral award made by a Minnesota-seated Tribunal of the ICC International Court of Arbitration on 19 December 2017. The Respondents and Defendants apply to discharge these orders.
The arbitration proceedings arose from a dispute under an agreement dated 17 December 2012 under which Essar Steel Minnesota LLC ("ESML") agreed to supply iron ore pellets from its plant in Nashwauk, Minnesota to AMUSA for a period of 10 years. On 10 January 2014, by way of an amendment and restatement of the 2012 agreement, Essar Steel Limited ("Essar Steel"), the principal defendant in these proceedings and a Mauritius incorporated company, acceded to the agreement as a co-obligor along with ESML. AMUSA terminated the agreement on 27 May 2016 and this gave rise to a dispute as to the propriety of AMUSA's termination.