C v D [2007] EWCA Civ 1282 (05 December 2007)

C v D [2007] EWCA Civ 1282 (05 December 2007)

By choosing London as the seat of arbitration, the parties agreed that any challenge to the arbitral award would be governed exclusively by English law and the English courts, and not by the law or courts of New York, regardless of the governing law of the underlying contract. The arbitration agreement is governed by English law as the law of the seat, and the anti-suit injunction was properly granted to restrain proceedings in New York.

Citation
[2007] EWCA Civ 1282
Parties
Respondent/claimant: C; Appellant/defendant: D
Jurisdiction
England and Wales
Judgment Date
05 December 2007
Procedural Posture
Appeal From High Court (queen's Bench Division, Commercial Court) / Court of Appeal Judgment
Outcome
Appeal dismissed save as to costs.
Legal Topics
Anti Suit Injunctions, Governing Law of Arbitration Agreements, Enforcement of Arbitral Awards, Bermuda Form Insurance Policies, Jurisdiction and Curial Law
Arbitration Insurance Law Conflict of Laws Anti Suit Injunctions Governing Law of Arbitration Agreements Enforcement of Arbitral Awards Bermuda Form Insurance Policies Jurisdiction and Curial Law

Case Brief

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Parties

C

Respondent/claimant

D

Appellant/defendant

Procedural Posture

Appeal From High Court (queen's Bench Division, Commercial Court) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the seat of arbitration (London) determines the exclusive forum and law for challenging arbitral awards under the Bermuda Form insurance policy.
  2. 2 Whether the arbitration agreement is governed by English law (law of the seat) or New York law (law of the underlying contract).
  3. 3 Whether an anti-suit injunction should be granted to restrain proceedings in New York challenging the arbitral award.

Ratio Decidendi

By choosing London as the seat of arbitration, the parties agreed that any challenge to the arbitral award would be governed exclusively by English law and the English courts, and not by the law or courts of New York, regardless of the governing law of the underlying contract. The arbitration agreement is governed by English law as the law of the seat, and the anti-suit injunction was properly granted to restrain proceedings in New York.

Court Disposition

Appeal dismissed save as to costs.

Orders

  • Final anti-suit injunction against the defendant restraining proceedings in New York or reliance on New York law to challenge the award.
  • Order for costs on the standard basis, not indemnity basis.