Cupreus SARL v Whiteshell Group Ltd [2023] EWHC 3449 (Comm) (19 December 2023)

Cupreus SARL v Whiteshell Group Ltd [2023] EWHC 3449 (Comm) (19 December 2023)

The Moroccan proceedings to enforce the mortgages were in substance a dispute between Cupreus and Whiteshell as to whether a debt was due under the supply agreement, falling within the scope of the arbitration agreement. Whiteshell's initiation of enforcement proceedings in Morocco without first resolving liability by arbitration was a breach of the arbitration agreement. The anti-suit injunction was properly granted and should be continued. There was no material non-disclosure by Cupreus. Costs should be paid by Whiteshell, with indemnity costs from 7 December 2023 due to conduct outside the norm.

Citation
[2023] EWHC 3449 (Comm)
Parties
Claimant/applicant: Cupreus SARL; Defendant/respondent: Whiteshell Group Ltd
Jurisdiction
England and Wales
Judgment Date
19 December 2023
Procedural Posture
Commercial Court Application (anti Suit Injunction) / Hearing of Application to Continue Without Notice Injunction; Costs Determination
Outcome
Application by Cupreus to continue the anti-suit injunction granted; Whiteshell's application to discharge the injunction dismissed; costs awarded to Cupreus, partly on indemnity basis.
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Jurisdiction, Enforcement of Security, Costs Assessment
Commercial Law Arbitration Civil Procedure Anti Suit Injunctions Arbitration Agreements Jurisdiction Enforcement of Security Costs Assessment

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Parties

Cupreus SARL

Claimant/applicant

Whiteshell Group Ltd

Defendant/respondent

Procedural Posture

Commercial Court Application (anti Suit Injunction) / Hearing of Application to Continue Without Notice Injunction; Costs Determination

Legal Issues

  1. 1 Whether the English court has jurisdiction to grant an anti-suit injunction restraining foreign proceedings in breach of an arbitration agreement
  2. 2 Whether the Moroccan proceedings are in breach of the arbitration agreement
  3. 3 Whether there was material non-disclosure by the applicant

Ratio Decidendi

The Moroccan proceedings to enforce the mortgages were in substance a dispute between Cupreus and Whiteshell as to whether a debt was due under the supply agreement, falling within the scope of the arbitration agreement. Whiteshell's initiation of enforcement proceedings in Morocco without first resolving liability by arbitration was a breach of the arbitration agreement. The anti-suit injunction was properly granted and should be continued. There was no material non-disclosure by Cupreus. Costs should be paid by Whiteshell, with indemnity costs from 7 December 2023 due to conduct outside the norm.

Court Disposition

Application by Cupreus to continue the anti-suit injunction granted; Whiteshell's application to discharge the injunction dismissed; costs awarded to Cupreus, partly on indemnity basis.

Orders

  • Continuation of anti-suit injunction restraining Whiteshell from pursuing Moroccan proceedings until further order
  • Whiteshell to pay Cupreus's costs of the application, on the standard basis up to 6 December 2023 and on the indemnity basis from 7 December 2023