Lady Moon SPV SRL (a company incorporated under the Laws of Italy) v Petricca & Co Capital Ltd

Practice – Stay of proceedings. The defendant English company's application for a stay of proceedings succeeded, in a dispute concerning the administration of an Italian fund. The Chancery Division held that the claimant Italian company's claim under CPR Pt 8 did not fall within Regulation (EU) 1215/2012, and that the defendant's argument that the Italian court should have jurisdiction was stronger. An order for a stay would be granted, on condition of the defendant giving an undertaking that, if the claimant requested a winding up order in the Italian courts, it would not dispute the jurisdiction of the Italian courts to determine such a request and would submit to such jurisdiction.

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