C v D

C v D

By choosing London as the seat of arbitration, the parties agreed that any proceedings seeking to attack or set aside the award would be limited to those permitted by English law. The arbitration agreement is governed by English law, and challenges to the award in other jurisdictions, including on grounds available under New York law, are not permitted. The anti-suit injunction was properly granted to restrain the defendant from pursuing proceedings in New York.

Parties
Respondent/claimant: C; Appellant/defendant: D
Jurisdiction
England and Wales
Judgment Date
05 December 2007
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal
Outcome
Appeal dismissed save as to costs
Legal Topics
Bermuda Form Arbitration, Governing Law of Arbitration Agreement, Anti Suit Injunctions, Enforcement of Arbitral Awards, Jurisdiction of Courts Over Arbitration Awards
Arbitration Insurance Law Conflict of Laws Bermuda Form Arbitration Governing Law of Arbitration Agreement Anti Suit Injunctions Enforcement of Arbitral Awards Jurisdiction of Courts Over Arbitration Awards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

C

Respondent/claimant

D

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal

Legal Issues

  1. 1 Whether the seat of arbitration determines the exclusive forum for challenges to the award
  2. 2 Whether the arbitration agreement is governed by English law (seat) or New York law (proper law of contract)
  3. 3 Whether an anti-suit injunction should be granted to restrain proceedings in New York

Ratio Decidendi

By choosing London as the seat of arbitration, the parties agreed that any proceedings seeking to attack or set aside the award would be limited to those permitted by English law. The arbitration agreement is governed by English law, and challenges to the award in other jurisdictions, including on grounds available under New York law, are not permitted. The anti-suit injunction was properly granted to restrain the defendant from pursuing proceedings in New York.

Court Disposition

Appeal dismissed save as to costs

Orders

  • Final anti-suit injunction upheld restraining the defendant from initiating or pursuing proceedings in New York challenging the Partial Award
  • Order for indemnity costs set aside; standard costs to apply