THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) VIRGIN ISLANDS COMMERCIAL DIVISION CLAIM NOs: BVIHC (COM) 15/2010 BETWEEN: Fairfield Sentry Limited (in Liquidation) and Arbitral Finance Inc & others Claimant Defendants NOTICE OF DISCONTINUANCE (Pursuant rule 37.3) TAKE NOTICE that, pursuant to rule 37.3 and the order of the Honourable Justice Jules Sher QC [Ag] dated 25 May 2016, the Claimant hereby wholly discontinues this claim against the Defendants, save insofar as the Defendants have already received summary judgment herein. Full details of the Defendants are set out in the appendix hereto. For the avoidance of doubt, this notice of discontinuance applies only to the claims specified herein and, in particular, does not affect and is without prejudice to any claim (whether or not similar in theory or otherwise to the claims specified herein) (the non-bvi Court claims ) which have been brought or may be brought against the Defendants herein in any other jurisdiction arising out of or connected with their investments in the Claimant, or any proceedings (in any jurisdiction whatsoever) to enforce any judgments obtained in any such non-bvi Court claims. Such non-bvi Court claims shall include, without limitation, any claim brought in the United States which relates to moneys paid over to the Defendants which are the subject matter of the claims in respect of which this Notice of Discontinuance is filed.
Details of parties to be served: The parties to be served are set out in the Appendix hereto. I certify that I have served a copy of this notice on every other party to the proceedings in accordance with the directions set out in the order herein dated 25 May 2016. Dated August 2016 Sinead Harris Forbes Hare Legal practitioners for the Claimant Filed by Forbes Hare, legal practitioners for the Claimant, whose address for service is P.O. Box 4649, 4 th Floor, Qwomar Building,,,. The court office is at 84 Main Street,, Telephone number +1 284 468 5001 or 284 468 5153, Fax +1 284 468 4951 or +1 284 468 5157. The office is open between 8.30 am and 4.30 pm Mondays to Fridays, except public holidays.
APPENDIX Details of Parties to be served (Defendants who have obtained summary judgment are marked with an asterisk) Defendant Arbitral Finance Inc Banco Atlantico Bank & Trust Ltd (Bahamas) Bank Julius Baer & Co Ltd* Bank Morgan Stanley AG Bankmed (Suisse) SA Banque Sudameris Bessemer Trust Company Address/ Method of service, c/o O Neal Webster Simmonds Building 30 DeCastro Street, c/o Appleby Jalya Place, Wickham s Cay I PO Box 3190 www.fairfieldsentry.com
Citco Global Custody NV Citco Global Securities Services Ltd 2600 Cork Airport Business Park Kinsale Road Cork Ireland FStradeconfirm@clearstream.com Credit Suisse (Luxembourg) SA Delta National Bank and Trust Company Deutsche Bank Trust Company Americas* Landis Holdings Ltd Martello Nominees Ltd* Melrose Investments Ltd, www.fairfieldsentry.com, 701 Brickell Avenue Miami Florida 33131 United States of America CESAR.MALDONADO@GENSPRING.COM Merrill Lynch Bank (Suisse) SA Paola Mancini www.fairfieldsentry.com
Pictet & Cie* Quilvest Finance Limited* Robinson & Co SNS Global Custody BV* UBS (Luxembourg) SA* UKFP (Asia) Nominees Ltd ZCM Asset Holding Company (Bermuda) Ltd,, c/o O Neal Webster Simmonds Building 30 DeCastro Street
THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) VIRGIN ISLANDS CLAIM NOs: BVIHC (COM) 15/2010 BETWEEN: Fairfield Sentry Limited (in Liquidation) and Claimants/ Applicants Arbitral Finance Inc & others Defendants NOTICE OF DISCONTINUANCE P.O. Box 4649, Tel: (284) 494 1890 Fax: (284) 494 1316 Legal Practitioners for the Claimant