The claimant sought an order to prevent the defendant company from pursuing further an appeal against a decision made by an independent arbitator in their favour as regards the conduct of the defendant in the Premier League in 2006/2007.
Held: The defendant had agreed to a binding arbitration. The claimant was enttled to the injunctive relief it sought.
Judges:
Teare J
Citations:
[2008] EWHC 2855 (Comm), 2009] 1 Lloyd’s Rep 167, [2008] 2 CLC 741
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Compagnie Eurpeene de Cereals SA v Tradax Export SA 1986
. .
Cited – Aggeliki Charis Compania Maritima SA v Pagnan SpA – The Angelic Grace CA 1995
On the charterers’ orders the Angelic Grace was required to tie up alongside another vessel which they owned. Whilst unloading the weather turned and the vessels collided. Each blamed the other and the owners claimed a salvage. The court considered . .
Cited – Compagnie Eurpeene de Cereals SA v Tradax Export SA 1986
. .
Cited – Alfred C Toepfer International Gmbh v Societe Cargill France CA 25-Nov-1997
A clause in a contract requiring the parties to have recourse to arbitration before initiating legal action, (Scott v Avery) cannot be used to prevent injunction proceedings to enforce the clause itself. . .
Cited – C v D CA 5-Dec-2007
The court considered an appeal under the Bermuda Form of international Liability Insurance which provided for arbitration in London subject to the internal laws of New York. The insurers threatened to challenge under US federal arbitration law in a . .
Cited – Starlight Shipping Co and Another v Tai Ping Insurance Co Ltd., Hubei Branch and Another ComC 1-Aug-2007
In an application for an interim anti-suit injunction, Cooke J said: ‘Damages would, for all the reasons given in the authorities, be an inadequate remedy for breach of such a clause since its very nature requires the parties to have their disputes . .
Cited – West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor) HL 21-Feb-2007
A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. . .
Cited – National Westminster Bank v Utrecht-America Finance Company CA 10-May-2001
An agreement between the parties for assignment or novation of a credit agreement, contained a ‘take out’ agreement (‘TOA’). The defendant began proceedings in California to rescind the agreement, and the claimants obtained summary judgement under . .
Cited – Weissfisch v Julius, Weisfisch, Davis CA 8-Mar-2006
An arbitration was to be governed by Swiss law with its seat in Geneva. One the party sought here an injunction restraining the arbitrator from acting as arbitrator on the grounds that the agreement had been induced by misrepresentation and was void . .
Cited – American International Speciality Lines Insurance Co v Abbott Laboratories 2003
. .
Cited – Turner v Grovit ECJ 27-Apr-2004
The claimant had been employed as a solicitor by the respondent at locations across Europe, and came to claim in England that they had wrongly implicated him in unlawful activity. The company sought to issue proceedings in Spain.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Contract, Arbitration
Updated: 04 October 2022; Ref: scu.278294