Albon (t/a NA Carriage Co) v Naza Motor Trading Sdn Bhd & Anor (No 4) [2007] EWHC 1879 (Ch) (31 July 2007)

Albon (t/a NA Carriage Co) v Naza Motor Trading Sdn Bhd & Anor (No 4) [2007] EWHC 1879 (Ch) (31 July 2007)

The English court has jurisdiction to grant an anti-arbitration and anti-suit injunction against Naza Motors, a foreign defendant, because the claim relates to a contract governed by English law and Naza Motors has applied for a stay, requiring the court to determine the authenticity of the JVA. Granting the injunction is necessary to prevent oppressive and duplicative proceedings and to protect the integrity of the English proceedings pending determination of the authenticity issue.

Citation
[2007] EWHC 1879 (Ch)
Parties
Claimant: Nigel Peter Albon (trading as N A Carriage Co); First Defendant: Naza Motor Trading Sdn Bhd; Second Defendant: Tan Sri Dato Nasimuddin Amin
Jurisdiction
England and Wales
Judgment Date
31 July 2007
Procedural Posture
Civil (commercial/contract) / Interlocutory Application for Anti Arbitration and Anti Suit Injunction
Outcome
Injunction granted (conditional on security for cross-undertaking in damages)
Legal Topics
Anti Suit Injunctions, Jurisdiction, Foreign Arbitration, Service Out of Jurisdiction, Forgery, Stay of Proceedings
Civil Procedure Arbitration Contract Law Anti Suit Injunctions Jurisdiction Foreign Arbitration Service Out of Jurisdiction Forgery +1 more

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Parties

Nigel Peter Albon (trading as N A Carriage Co)

Claimant

Naza Motor Trading Sdn Bhd

First Defendant

Tan Sri Dato Nasimuddin Amin

Second Defendant

Procedural Posture

Civil (commercial/contract) / Interlocutory Application for Anti Arbitration and Anti Suit Injunction

Legal Issues

  1. 1 Whether the English court has jurisdiction to grant an anti-arbitration and anti-suit injunction against a foreign defendant in relation to alleged arbitration proceedings in Malaysia
  2. 2 Whether permission should be granted to serve the Amended Claim Form and Amended Particulars of Claim in Malaysia
  3. 3 Whether the injunction should be granted pending determination of the authenticity of the Joint Venture Agreement (JVA)

Ratio Decidendi

The English court has jurisdiction to grant an anti-arbitration and anti-suit injunction against Naza Motors, a foreign defendant, because the claim relates to a contract governed by English law and Naza Motors has applied for a stay, requiring the court to determine the authenticity of the JVA. Granting the injunction is necessary to prevent oppressive and duplicative proceedings and to protect the integrity of the English proceedings pending determination of the authenticity issue.

Court Disposition

Injunction granted (conditional on security for cross-undertaking in damages)

Orders

  • Permission granted to serve Amended Claim Form and Amended Particulars of Claim in Malaysia
  • Injunction granted restraining Naza Motors from taking any further steps in the Malaysian arbitration proceedings pending determination of the authenticity of the JVA, conditional on provision of security for cross-undertaking in damages