Croda Europe Ltd & Ors v Agform Ltd & Ors [2025] EWHC 2462 (Comm) (30 September 2025)

Parties

Procedural Posture

Commercial Court Application for Interim Anti Suit Injunctions / Interim Application Judgment

Legal Issues

1. 1 Whether the Delaware proceedings breach exclusive jurisdiction clauses in the Confidentiality and Collaboration Agreements
2. 2 Whether anti-suit injunctions should be granted on contractual or vexatious/oppressive grounds
3. 3 Whether claims by or against affiliates circumvent exclusive jurisdiction clauses

Ratio Decidendi

The Delaware proceedings by Agform Technologies Limited and Agform LLC against Croda Europe are in breach of exclusive jurisdiction clauses in the Confidentiality and Collaboration Agreements, which survive termination and apply to the subject-matter of the claims. No strong reasons were shown to refuse anti-suit injunctions. Claims by Delsys Technology Limited and against Croda International Plc and Croda Inc are not subject to the exclusive jurisdiction clauses and are not vexatious or oppressive. The form of the Delaware complaint must be amended to exclude claims by ATL and AgLLC against Croda Europe and to remove AL as a plaintiff.

Court Disposition

Interim anti-suit injunctions granted in part

Orders

• Agform Technologies Limited and Agform LLC are required to withdraw Delaware proceedings against Croda Europe and prohibited from pursuing or refiling such claims pending final determination.
• The Delaware complaint must be amended to exclude claims by ATL and AgLLC against Croda Europe and to remove AL as a plaintiff, in a form approved by the court.