Weissfisch v Julius, [2006] EWCA Civ 218 (08 March 2006)

Weissfisch v Julius, [2006] EWCA Civ 218 (08 March 2006)

There are no exceptional circumstances justifying the grant of an interim injunction restraining the arbitrator from determining his own jurisdiction where the arbitration agreement provides for Swiss law and seat, and the parties expressly agreed to such terms with independent legal advice. The proper forum for challenges is Switzerland, and the English court should not intervene at this interim stage.

Citation
[2006] EWCA Civ 218
Parties
Claimant: Amir Weissfisch; First Defendant: Anthony Julius; Second Defendant: Rami Weisfisch; Third Defendant: Philip Davis
Jurisdiction
England and Wales
Judgment Date
08 March 2006
Procedural Posture
Appeal From Interim Injunction Refusal / Permission to Appeal Granted and Appeal Heard
Outcome
Appeal dismissed
Legal Topics
Interim Injunctions, Jurisdiction of English Courts, Kompetenz Kompetenz, Arbitrator Bias, Waiver of Objections, Forum Non Conveniens
Arbitration Civil Procedure Trusts and Equity Interim Injunctions Jurisdiction of English Courts Kompetenz Kompetenz Arbitrator Bias Waiver of Objections +1 more

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Parties

Amir Weissfisch

Claimant

Anthony Julius

First Defendant

Rami Weisfisch

Second Defendant

Philip Davis

Third Defendant

Procedural Posture

Appeal From Interim Injunction Refusal / Permission to Appeal Granted and Appeal Heard

Legal Issues

  1. 1 Whether English courts should grant an interim injunction restraining an arbitrator from determining his own jurisdiction where the arbitration agreement provides for Swiss law and seat
  2. 2 Whether claims against the arbitrator personally for breach of fiduciary and professional duties fall outside the arbitration agreement and are justiciable in England
  3. 3 Whether the waiver of objections to the arbitrator's appointment is effective

Ratio Decidendi

There are no exceptional circumstances justifying the grant of an interim injunction restraining the arbitrator from determining his own jurisdiction where the arbitration agreement provides for Swiss law and seat, and the parties expressly agreed to such terms with independent legal advice. The proper forum for challenges is Switzerland, and the English court should not intervene at this interim stage.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed; no interim injunction granted restraining arbitrator