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 or voidable.
Held: An English court should not grant the injunction sought. The natural consequence of the arbitration agreement was that any issue as to its validity would fall to be considered in Switzerland according to Swiss law. For the English Court to restrain the arbitration whose seat was in a foreign jurisdiction would infringe the principles of international arbitration agreed under the New York Convention and recognised in the Arbitration Act 1996.


The Lord Chief Justice of England & Wales Master of the Rolls The Honourable Mr Justice Moses


[2006] EWCA Civ 218, [2006] 1 Lloyd’s Rep 716




Arbitration Act 1996


England and Wales

Cited by:

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.

Arbitration, Jurisdiction

Updated: 05 July 2022; Ref: scu.238899