Integra Petrochemicals Europe AG v Basf SE [2025] EWHC 2288 (Comm) (04 September 2025)

Integra Petrochemicals Europe AG v Basf SE [2025] EWHC 2288 (Comm) (04 September 2025)

BASF's German proceedings are a breach of the arbitration agreement because, under English law, challenges to an English-seated award may only be made under the Arbitration Act 1996 or by resisting enforcement if and when sought. Pre-emptive challenges in foreign courts, even if permitted by local law, are not allowed. The English court, as the supervisory court, is entitled to restrain such proceedings by anti-suit injunction.

Citation
[2025] EWHC 2288 (Comm)
Parties
Claimant/applicant: INTEGRA PETROCHEMICALS EUROPE AG; Defendant/respondent: BASF SE
Jurisdiction
England and Wales
Judgment Date
04 September 2025
Procedural Posture
Arbitration Claim Under Arbitration Act 1996 / Application for Anti Suit Injunction and Related Orders
Outcome
Application granted
Legal Topics
Anti Suit Injunctions, Enforcement of Arbitral Awards, Jurisdiction of Supervisory Court, New York Convention, Arbitration Agreement Breach
Arbitration Commercial Law Private International Law Anti Suit Injunctions Enforcement of Arbitral Awards Jurisdiction of Supervisory Court New York Convention Arbitration Agreement Breach

Case Brief

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Parties

INTEGRA PETROCHEMICALS EUROPE AG

Claimant/applicant

BASF SE

Defendant/respondent

Procedural Posture

Arbitration Claim Under Arbitration Act 1996 / Application for Anti Suit Injunction and Related Orders

Legal Issues

  1. 1 Whether BASF's German proceedings constitute a breach of the arbitration agreement
  2. 2 Whether English law permits pre-emptive challenges to arbitral awards in foreign courts
  3. 3 Whether the English court should grant an anti-suit injunction restraining BASF from continuing the German proceedings

Ratio Decidendi

BASF's German proceedings are a breach of the arbitration agreement because, under English law, challenges to an English-seated award may only be made under the Arbitration Act 1996 or by resisting enforcement if and when sought. Pre-emptive challenges in foreign courts, even if permitted by local law, are not allowed. The English court, as the supervisory court, is entitled to restrain such proceedings by anti-suit injunction.

Court Disposition

Application granted

Orders

  • BASF is restrained from continuing the German proceedings relating to the arbitration or the award.
  • BASF is required to discontinue the German proceedings.