Michael Wilson & Partners Ltd v Emmott

Michael Wilson & Partners Ltd v Emmott

The assigned claims in NSW2 do not fall within the arbitration clauses of the MWP Agreement or the Co-operation Agreement as the assignors were not parties to those agreements; there is no issue estoppel as the assignors are not privies; however, NSW2 is vexatious and oppressive to the extent it seeks to relitigate claims lost or not advanced in arbitration, but not as regards the Temujin partnership claims, which are for the Australian courts to determine. The anti-suit injunction is modified accordingly.

Parties
Appellant/defendant: Michael Wilson & Partners, Limited; Respondent/claimant: John Forster Emmott
Jurisdiction
England and Wales
Judgment Date
31 January 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Granting Anti Suit Injunction
Outcome
Appeal allowed in part; injunction modified
Legal Topics
Anti Suit Injunction, Arbitration Agreement, Issue Estoppel, Abuse of Process, Assignment of Claims
Arbitration Civil Procedure Conflict of Laws Anti Suit Injunction Arbitration Agreement Issue Estoppel Abuse of Process Assignment of Claims

Case Brief

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Parties

Michael Wilson & Partners, Limited

Appellant/defendant

John Forster Emmott

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Granting Anti Suit Injunction

Legal Issues

  1. 1 Whether the assigned claims in NSW2 fall within the scope of the arbitration clause in the MWP Agreement or the Co-operation Agreement
  2. 2 Whether issue estoppel or abuse of process precludes the assigned claims
  3. 3 Whether the anti-suit injunction should be maintained, modified, or discharged

Ratio Decidendi

The assigned claims in NSW2 do not fall within the arbitration clauses of the MWP Agreement or the Co-operation Agreement as the assignors were not parties to those agreements; there is no issue estoppel as the assignors are not privies; however, NSW2 is vexatious and oppressive to the extent it seeks to relitigate claims lost or not advanced in arbitration, but not as regards the Temujin partnership claims, which are for the Australian courts to determine. The anti-suit injunction is modified accordingly.

Court Disposition

Appeal allowed in part; injunction modified

Orders

  • Injunction granted restraining MWP from advancing in NSW2 (1) claims lost in arbitration, (2) matters contrary to adverse arbitration findings, and (3) claims for fraud or conspiracy; injunction does not extend to Temujin partnership claims; Australian courts to determine abuse or unconscionability regarding Temujin...