Collecting evidence, including witness and expert evidence

In September 2017, Integral contracted with Petrogat for the purchase of fuel oil cargoes produced by Seydi refinery in Turkmenistan, to be delivered on FOB Turkmenbashi ferry terms with subsequent shipment to Kulevi, Georgia. San Trade guaranteed Petrogat’s obligations under the contract. Between November and December 2017

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In September 2017, Integral contracted with Petrogat for the purchase of fuel oil cargoes produced by Seydi refinery in Turkmenistan, to be delivered on FOB Turkmenbashi ferry terms with subsequent shipment to Kulevi, Georgia. San Trade guaranteed Petrogat’s obligations under the contract. Between November and December 2017, the cargo was prepaid for by Integral and loaded from the Seydi refinery onto railway tank cars, with railway bills of lading naming Integral as the sole consignee and the destination as Kulevi, Georgia. A dispute arose at the beginning of January 2018 when Petrogat and San Trade, secretly from Integral, sought to amend original railway bills of lading for part of Integral’s cargo to name San Trade as the sole consignee instead of Integral, and sought to misappropriate part of the cargo and divert it to San Trade in Iran.

Accidentally, Integral learned about San Trade’s and Petrogat’s actions from its local sources in Turkmenistan. It then immediately sought an urgent interim injunction to restrain Petrogat and San Trade from taking any steps to deliver the cargo to Iran. Morgan J issued the injunction on 14 January 2018. Despite Integral’s attempts to prevent this and the order of Morgan J, Petrogat and San Trade shipped part of the cargo to San Trade in Iran under the amended railway bills of lading now naming San Trade as the sole consignee. Integral therefore applied for an order that Petrogat’s and San Trade’s directors and officers be committed to prison for contempt of Court.