IN YOUR FACE
1. Sion Soleimany (Appellant, United Kingdom) v. Abner Soleimany (Respondent, United Kingdom)
Court of Appeal, Civil Division, 30 January 1998, United Kingdom
Facts
Sion Soleimany (hereinafter referred to as the father) and his son, Abner Soleimany (refers as the son) were engaged in the export of Persian carpets from Iran. Between 1980 and 1983, the son arranged for the export of the carpets from Iran in contravention of Iranian Revenue laws and export controls. The carpets were sold by the father in England or elsewhere outside Iran. Disputes arose between the father and the son relating mainly to whether the son had received what he claimed was due to him from the proceeds of the sale of the carpets that he alleged to have arranged to export from Iran. Both the father and his son, agreed to submit the dispute to arbitration by the Jewish Beth Din, the court of the Chief Rabbi. According to a leaflet provided by the Beth Din, the system of law to be appied by the Beth Din is Jewish law, albeit “sometimes other systems of law may also be relevant…by way of the doctrine of incorporation…” but the decision as to which law to apply “is that of the Dayanim…”. Award
In the award made by the Beth Din on 23 March 1993, it was noted “The son purchased quantities of carpets and exported them illegally out of Iran.” The award further recognized that the activities in Iran were illegal, stating, e.g., that “By the very nature of the illicit enterprise, few records were kept….In assessing profits the award disallows the full sum claimed by the son on the basis inter alia that no allowance has been made for ‘smugglers’ fees’.” After assessing the son’s share of the profits, the Dayan awarded him UK 576,574 pounds and his costs.
Order:
Appeal allowed with costs; judgment on the award set aside, application for leave to appeal to the House of Lords refused.
2. National Thermal Power Corp v Singer Company and ors 1992 SCC (3) 551
Facts
National Thermal Power
Court of Appeal, Civil Division, 30 January 1998, United Kingdom
Facts
Sion Soleimany (hereinafter referred to as the father) and his son, Abner Soleimany (refers as the son) were engaged in the export of Persian carpets from Iran. Between 1980 and 1983, the son arranged for the export of the carpets from Iran in contravention of Iranian Revenue laws and export controls. The carpets were sold by the father in England or elsewhere outside Iran. Disputes arose between the father and the son relating mainly to whether the son had received what he claimed was due to him from the proceeds of the sale of the carpets that he alleged to have arranged to export from Iran. Both the father and his son, agreed to submit the dispute to arbitration by the Jewish Beth Din, the court of the Chief Rabbi. According to a leaflet provided by the Beth Din, the system of law to be appied by the Beth Din is Jewish law, albeit “sometimes other systems of law may also be relevant…by way of the doctrine of incorporation…” but the decision as to which law to apply “is that of the Dayanim…”. Award
In the award made by the Beth Din on 23 March 1993, it was noted “The son purchased quantities of carpets and exported them illegally out of Iran.” The award further recognized that the activities in Iran were illegal, stating, e.g., that “By the very nature of the illicit enterprise, few records were kept….In assessing profits the award disallows the full sum claimed by the son on the basis inter alia that no allowance has been made for ‘smugglers’ fees’.” After assessing the son’s share of the profits, the Dayan awarded him UK 576,574 pounds and his costs.
Order:
Appeal allowed with costs; judgment on the award set aside, application for leave to appeal to the House of Lords refused.
2. National Thermal Power Corp v Singer Company and ors 1992 SCC (3) 551
Facts
National Thermal Power