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 determined in arbitration. A party to such an agreement should not be put to the trouble of having disputes determined elsewhere in a manner contrary to the express contract between the parties.’

Judges:

Cooke J

Citations:

[2007] EWHC 1893 (Comm), [2008] 1 Lloyd’s Rep 230

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedETI Euro Telecom International Nv v Republic of Bolivia and Another CA 28-Jul-2008
The parties were involved in an international investment dispute arbitration. An injunction had been sought to prevent repatriation of assets to Bolivia.
Held: The international system of arbitration was not subject to any national law and did . .
CitedSheffield United Football Club Ltd v West Ham United Football Club Plc ComC 26-Nov-2008
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: . .
Lists of cited by and citing cases may be incomplete.

International, Litigation Practice

Updated: 21 October 2022; Ref: scu.258492