B v S [2011] EWHC 691 (Comm) (23 March 2011)

B v S [2011] EWHC 691 (Comm) (23 March 2011)

Clause 29 of FOSFA 54, as a Scott v Avery clause, is effective to exclude the court's jurisdiction to grant a freezing injunction under section 44 of the Arbitration Act 1996, as the parties have 'otherwise agreed' to prohibit all proceedings, including ancillary proceedings, until an arbitration award is obtained.

Citation
[2011] EWHC 691 (Comm)
Parties
Claimant/applicant: B; Defendant/respondent: S
Jurisdiction
England and Wales
Judgment Date
23 March 2011
Procedural Posture
Commercial Court Application / Application to Set Aside Freezing Injunction
Outcome
Application to set aside freezing injunction granted
Legal Topics
Freezing Injunctions, Scott V Avery Clauses, Party Autonomy, Arbitration Act 1996 Section 44, Commodity Contracts
Arbitration Commercial Law Freezing Injunctions Scott V Avery Clauses Party Autonomy Arbitration Act 1996 Section 44 Commodity Contracts

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 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

B

Claimant/applicant

S

Defendant/respondent

Procedural Posture

Commercial Court Application / Application to Set Aside Freezing Injunction

Legal Issues

  1. 1 Whether clause 29 of FOSFA 54 (Scott v Avery clause) prohibits applications for freezing injunctions in England under section 44 of the Arbitration Act 1996
  2. 2 Whether the parties have 'otherwise agreed' to exclude court powers under section 44 of the Arbitration Act 1996

Ratio Decidendi

Clause 29 of FOSFA 54, as a Scott v Avery clause, is effective to exclude the court's jurisdiction to grant a freezing injunction under section 44 of the Arbitration Act 1996, as the parties have 'otherwise agreed' to prohibit all proceedings, including ancillary proceedings, until an arbitration award is obtained.

Court Disposition

Application to set aside freezing injunction granted

Orders

  • Freezing injunction discharged
  • No further orders for interim relief pending arbitration award