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Chugga Chugg Pty Ltd v Privinvest Holding SAL [2025] EWHC 585 (Comm) (14 March 2025)

Source: Open mirrored case · Original bailii.org

Sanctions ✓ Geo ✓

Executive Summary

  • Dispute between Australian superyacht purchaser Chugga Chugg Pty Ltd and Lebanese holding company Privinvest Holding SAL over a delayed yacht construction contract with German shipbuilder Nobiskrug GmbH.
  • Contract price €99.55 million for a 79.99m yacht; delivery delayed from August 2022 to September 2022 due to financial and management issues at Nobiskrug.
  • Nobiskrug entered insolvency proceedings in Germany in April 2021; arbitration initiated but discontinued due to insolvency.
  • Chugga Chugg counterclaimed for repayment of instalments paid; insolvency administrator accepted claims totaling €14 million.
  • Contract and guarantee governed by English law; guarantee subject to English courts’ jurisdiction.
  • Sanctions implications arise from involvement of German company Nobiskrug and Lebanese Privinvest, with UK and German geopolitical relevance.

Sanctions Highlights

  • German company Nobiskrug GmbH, part of Privinvest Group, involved in contract and insolvency proceedings.
  • Privinvest Holding SAL is Lebanese-based, potentially subject to EU and UK sanctions regimes.
  • Guarantee issued by Privinvest for €9.955 million under English law; potential exposure under UK sanctions (notably BIS regulations).
  • Insolvency and arbitration complications may be affected by sanctions compliance and cross-jurisdictional enforcement risks.

Emerging Risks

  • Insolvency of Nobiskrug complicates contract enforcement and recovery of funds.
  • Arbitration discontinued due to insolvency administrator’s withdrawal, increasing litigation uncertainty.
  • Potential for further delays or non-performance due to financial instability of shipbuilder.
  • Cross-border enforcement risks heightened by differing insolvency laws (Germany vs. UK).
  • Sanctions compliance risk for parties dealing with Lebanese and German entities amid evolving geopolitical tensions.

Geopolitical Impact

  • German insolvency proceedings highlight Germany’s role in European shipbuilding and legal frameworks.
  • UK courts’ jurisdiction over guarantee reflects London’s continued importance in maritime and commercial dispute resolution.
  • Lebanon’s Privinvest Group’s involvement underscores Middle Eastern business links to European maritime industry.
  • UK and Germany’s sanctions policies may influence enforcement and financial flows in this case.
  • Broader implications for international contracts involving parties from sanctioned or sensitive jurisdictions.

Economic Intelligence

  • €99.55 million contract value with significant escrow and self-financing elements by Nobiskrug.
  • Financial distress at Nobiskrug led to insolvency, impacting €14 million claims by Chugga Chugg.
  • Injection of funds by Privinvest’s late CEO Iskandar Safa prior to his death in 2024.
  • Delays and insolvency may affect supply chains and market confidence in luxury yacht construction.
  • Potential financial exposure for Privinvest under guarantee and insolvency claims.

Strategic Recommendations

  • Monitor UK and EU sanctions updates relating to Lebanon and German entities to assess enforcement risks.
  • Evaluate insolvency proceedings in Germany for potential recovery strategies and creditor rights.
  • Consider pursuing claims under English jurisdiction guarantee to mitigate insolvency risks.
  • Engage with insolvency administrators to clarify claim status and maximize recovery.
  • Assess reputational and compliance risks linked to dealings with Privinvest Group amid geopolitical sensitivities.
  • Prepare for protracted cross-jurisdictional litigation and arbitration enforcement challenges.

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**Source Notes:**

*Sanctions Intelligence Digest*

[https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/585.txt](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/585.txt)

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