BNP Paribas S.A. v Anchorage Capital Europe LLP & Ors

BNP Paribas S.A. v Anchorage Capital Europe LLP & Ors

The English court has jurisdiction over all defendants under Article 23 of the Brussels Regulation and/or CPR PD6B because there is a good arguable case that binding contracts were concluded incorporating the English jurisdiction clause. The anti-suit injunction is granted as the New York proceedings are in breach of the jurisdiction clause, and no strong reasons exist to refuse the injunction.

Parties
Claimant: BNP Paribas S.A.; First Defendant: Anchorage Capital Europe LLP; Second Defendant: Anchorage Capital Group LLC; Third Defendant: ACMO S.A.R.L.; Fourth Defendant: AIO III S.A.R.L.
Jurisdiction
England and Wales
Judgment Date
11 October 2013
Procedural Posture
Commercial Court Dispute (jurisdictional Challenge and Anti Suit Injunction) / Ruling on Jurisdiction and Interim Anti Suit Injunction
Outcome
Jurisdiction challenge dismissed; anti-suit injunction granted
Legal Topics
Jurisdiction, Anti Suit Injunctions, Contract Formation, Choice of Law, Brussels Regulation, Rome I Regulation
Commercial Law Conflict of Laws Civil Procedure Jurisdiction Anti Suit Injunctions Contract Formation Choice of Law Brussels Regulation +1 more

Case Brief

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Parties

BNP Paribas S.A.

Claimant

Anchorage Capital Europe LLP

First Defendant

Anchorage Capital Group LLC

Second Defendant

ACMO S.A.R.L.

Third Defendant

AIO III S.A.R.L.

Fourth Defendant

Procedural Posture

Commercial Court Dispute (jurisdictional Challenge and Anti Suit Injunction) / Ruling on Jurisdiction and Interim Anti Suit Injunction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the overseas defendants under the Brussels Regulation and/or CPR PD6B
  2. 2 Whether binding contracts were concluded and with which parties
  3. 3 Whether the English jurisdiction clause applies to the dispute

Ratio Decidendi

The English court has jurisdiction over all defendants under Article 23 of the Brussels Regulation and/or CPR PD6B because there is a good arguable case that binding contracts were concluded incorporating the English jurisdiction clause. The anti-suit injunction is granted as the New York proceedings are in breach of the jurisdiction clause, and no strong reasons exist to refuse the injunction.

Court Disposition

Jurisdiction challenge dismissed; anti-suit injunction granted

Orders

  • The English court has jurisdiction over all defendants.
  • Anchorage New York is restrained pending trial from taking any step to pursue the New York proceedings.