Soleimany v Soleimany, Court of Appeal - Civil Division, February 19, 1998, [1998] CLC 779,[1998] EWCA Civ 285,[1998] 3 WLR 811,[1999] QB 785,[1999] 3 All ER 847

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Soleimany v Soleimany, Court of Appeal - Civil Division, February 19, 1998, [1998] CLC 779,[1998] EWCA Civ 285,[1998] 3 WLR 811,[1999] QB 785,[1999] 3 All ER 847

IN THE SUPREME COURT OF JUDICATURE QBENI 97/0882 CMSl

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

(HIS HONOUR JUDGE LANGAN QC)

Royal Courts of Justice

Strand

London W2A 2LL

Thursday l9th February l998

B e f o r e

LORD JUSTICE MORRITT

LORD JUSTICE WALLER

SIR CHRISTOPHER STAUGHTON

ABNER SOLEIMANY Respondent

v.

SION SOLEIMANY Appellant

(Handed down transcript of

Smith Bernal Reporting Limited, l80 Fleet Street

London EC4A 2HD Tel: 0l7l 42l 4040

Official Shorthand Writers to the Court)

MR BITU BHALLA and MR JONATHAN MILLER (instructed by Messrs Nabarro Nathanson, London WlX 6NX) appeared on behalf of the Appellant (Defendant).

MR DANIEL SEROTA QC and MR COLIN MANNING (instructed by Messrs Paisner & CO, London EC4A 2DQ) appeared on behalf of the Respondent (Plaintiff).

J U D G M E N T

(As approved by the court)

©Crown Copyright

LORD JUSTICE WALLER: This is the judgment of the Court.

Introduction

Sion Soleimany and his son Abner Soleimany are Iranian Jews by origin. Until l980 Sion owned a successful business in Teheran which sold and exported valuable Persian and other Oriental carpets. In l980 Sion came to England, and as a result of upheavals in Iran has remained here ever since. Abner was a student in England, but, following his father's arrival here, returned to Iran at Sion's request to help free a consignment of carpets that had been seized by the Iranian customs authorities. In his attempts to free those carpets Abner claims to have suffered severely at the hands of the Iranian authorities. But while in Iran he concluded that there were substantial profits to be made from the export and sale of Persian carpets, but the export from Iran would (as he has always accepted) have involved contravention of Iranian Revenue laws and export controls. Between l980 and l983 Abner arranged the export of carpets from Iran and the carpets were sold by Sion in England or elsewhere outside Iran. Unfortunately disputes arose between Abner and his father. Those disputes covered many areas, but the main area related to whether Abner had received what he claimed was due to him from the proceeds of sale of the carpets that Abner alleged he had arranged to export from Iran.

Attempts were made to settle those disputes by mediation, but ultimately, on l2 December l990, Abner and Sion resolved to arbitrate their disputes before the Beth Din, and signed an agreement in the following form:

"We, the undersigned [Abner] and [Sion].... hereby agree ...

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