Ebury Partners Belgium SA/NV v Technical Touch BV & Anor.

Ebury Partners Belgium SA/NV v Technical Touch BV & Anor.

Ebury established, to a high degree of probability, that the English jurisdiction clause was incorporated into the parties’ agreement under English law, and there are no strong reasons to refuse an anti-suit injunction. The English court has jurisdiction and will restrain the defendants from continuing Belgian proceedings in breach of the exclusive jurisdiction agreement.

Parties
Claimant: Ebury Partners Belgium SA/NV; First Defendant: Technical Touch BV; Second Defendant: Jan Berthels
Jurisdiction
England and Wales
Judgment Date
18 November 2022
Procedural Posture
Commercial Court Claim / Judgment on Anti Suit Injunction and Jurisdictional Challenge
Outcome
Anti-suit injunction granted; defendants' jurisdictional applications dismissed.
Legal Topics
Anti Suit Injunctions, Jurisdiction Agreements, Incorporation of Terms, Rome I Regulation, Forum Non Conveniens
Private International Law Contract Law Civil Procedure Anti Suit Injunctions Jurisdiction Agreements Incorporation of Terms Rome I Regulation Forum Non Conveniens

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Parties

Ebury Partners Belgium SA/NV

Claimant

Technical Touch BV

First Defendant

Jan Berthels

Second Defendant

Procedural Posture

Commercial Court Claim / Judgment on Anti Suit Injunction and Jurisdictional Challenge

Legal Issues

  1. 1 Whether the English court should grant an anti-suit injunction restraining Belgian proceedings in breach of an exclusive English jurisdiction agreement
  2. 2 Whether the English jurisdiction clause was incorporated into the parties' agreement under English or Belgian law
  3. 3 Whether there are strong reasons to refuse anti-suit relief

Ratio Decidendi

Ebury established, to a high degree of probability, that the English jurisdiction clause was incorporated into the parties’ agreement under English law, and there are no strong reasons to refuse an anti-suit injunction. The English court has jurisdiction and will restrain the defendants from continuing Belgian proceedings in breach of the exclusive jurisdiction agreement.

Court Disposition

Anti-suit injunction granted; defendants' jurisdictional applications dismissed.

Orders

  • Defendants restrained from continuing Belgian proceedings in breach of the exclusive English jurisdiction agreement.
  • Defendants' applications challenging the jurisdiction of the English court are dismissed.