The claimant, based in Cypress, appealed against refusal of an anti-suit injunction. It had contracted with the state-owned Tunisian company defendant under a contract applying English law, and providing for arbitration of disputes. The defendant had wanted to proceed for a declaration in the Tunisian courts that the arbitration clause was void or inapplicable.
Held: The appeal succeeded. The contract included an English law clause and an English arbitration clause. Where there was a valid English arbitration agreement, it was repudiatory conduct for one of the parties to ask a foreign court to declare that there was no such agreement.
In the course of the judgment, Mummery LJ deplored the huge excess of papers filed in the appeal. The case was as to the application of standard contract rules for which no more than 10 pages would have been adequate. Instead the court received 15 lever arch files of papers nearly all of which had not been referred to or used in any way.
Judges:
Lord Justice Mummery, Lord Justice Toulson and Lord Justice Patten
Citations:
[2010] EWCA Civ 66
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Midgulf International Ltd v Groupe Chimiche Tunisien ComC 13-Jul-2009
The claimant, based in Cypress sought an anti-suit injunction. The defendant a state-owned Tunisian company intended to request a Tunisian court to determine that the contract had no valid arbitration clause. The contract provided that it was to be . .
Lists of cited by and citing cases may be incomplete.
International, Litigation Practice
Updated: 13 August 2022; Ref: scu.396714
