AdActive Media Inc v Ingrouille [2021] EWCA Civ 313 (05 March 2021)

AdActive Media Inc v Ingrouille [2021] EWCA Civ 313 (05 March 2021)

The US proceedings included claims that, under the consultancy agreement, should have been referred to arbitration and not brought in court, except for certain claims (confidential information) which were only part of the US claims. The arbitration clause was not void or unenforceable and was not inconsistent with the jurisdiction clauses. Therefore, under section 32(1) of the Civil Jurisdiction and Judgments Act 1982, the US judgment could not be enforced in England.

Citation
[2021] EWCA Civ 313
Parties
Claimant/respondent: AdActive Media Inc; Defendant/appellant: Mark Ingrouille
Jurisdiction
England and Wales
Judgment Date
05 March 2021
Procedural Posture
Appeal (civil) / Appeal From Summary Judgment Enforcing Foreign Judgment
Outcome
Appeal allowed. Summary judgment granted in favour of Mr Ingrouille. US judgment not enforceable in England.
Legal Topics
Enforcement of Foreign Judgments, Arbitration Clauses, Jurisdiction Agreements, Section 32 Civil Jurisdiction and Judgments Act 1982
Commercial Law Contract Law Private International Law Enforcement of Foreign Judgments Arbitration Clauses Jurisdiction Agreements Section 32 Civil Jurisdiction and Judgments Act 1982

Case Brief

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Parties

AdActive Media Inc

Claimant/respondent

Mark Ingrouille

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From Summary Judgment Enforcing Foreign Judgment

Legal Issues

  1. 1 Whether a US court judgment can be enforced in England where the underlying contract contains an arbitration clause
  2. 2 Whether the arbitration clause is inconsistent with jurisdiction clauses and thus void or unenforceable
  3. 3 Whether the claims in the US proceedings fell within the arbitration clause or the exceptions to it

Ratio Decidendi

The US proceedings included claims that, under the consultancy agreement, should have been referred to arbitration and not brought in court, except for certain claims (confidential information) which were only part of the US claims. The arbitration clause was not void or unenforceable and was not inconsistent with the jurisdiction clauses. Therefore, under section 32(1) of the Civil Jurisdiction and Judgments Act 1982, the US judgment could not be enforced in England.

Court Disposition

Appeal allowed. Summary judgment granted in favour of Mr Ingrouille. US judgment not enforceable in England.

Orders

  • Summary judgment for Mr Ingrouille
  • Claim by AdActive Media Inc dismissed