Mobile Telecommunications Company Ltd v HRH Al Saud (t/a Saudi Plastic Factory)

Mobile Telecommunications Company Ltd v HRH Al Saud (t/a Saudi Plastic Factory)

The Saudi proceedings are within the scope of the arbitration agreement, the arbitrators’ jurisdiction and findings are binding due to issue estoppel, and the defendant’s pursuit of the Saudi proceedings is vexatious and oppressive. There is no defence to the claim for final injunctive relief; summary judgment is appropriate.

Parties
Claimant/applicant: Mobile Telecommunications Company Ltd; Defendant/respondent: HRH Prince Hussam Bin Saudi Bin Abdulaziz Al Saud (t/a Saudi Plastic Factory)
Jurisdiction
England and Wales
Judgment Date
18 May 2018
Procedural Posture
Arbitration Claim / Summary Judgment Application for Final Antisuit Injunction
Outcome
Final antisuit injunction granted; summary judgment in favour of claimant
Legal Topics
Antisuit Injunctions, Arbitration Agreements, Issue Estoppel, Vexatious Litigation
Arbitration Contract Law Civil Procedure Antisuit Injunctions Arbitration Agreements Issue Estoppel Vexatious Litigation

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Parties

Mobile Telecommunications Company Ltd

Claimant/applicant

HRH Prince Hussam Bin Saudi Bin Abdulaziz Al Saud (t/a Saudi Plastic Factory)

Defendant/respondent

Procedural Posture

Arbitration Claim / Summary Judgment Application for Final Antisuit Injunction

Legal Issues

  1. 1 Whether the Saudi proceedings breach the arbitration agreement
  2. 2 Whether antisuit injunctive relief should be granted
  3. 3 Whether issue estoppel applies due to unchallenged arbitral award

Ratio Decidendi

The Saudi proceedings are within the scope of the arbitration agreement, the arbitrators’ jurisdiction and findings are binding due to issue estoppel, and the defendant’s pursuit of the Saudi proceedings is vexatious and oppressive. There is no defence to the claim for final injunctive relief; summary judgment is appropriate.

Court Disposition

Final antisuit injunction granted; summary judgment in favour of claimant

Orders

  • Defendant must discontinue, withdraw, or procure dismissal of the Saudi proceedings as soon as reasonably practicable and before the earlier of any further hearing in Saudi Arabia or 5 p.m. Gulf time on Friday 25 May 2018.
  • Final injunctive relief granted preventing defendant from prosecuting, pursuing, or continuing Saudi proceedings in breach of the arbitration agreement.