Intermet FZCO & Ors v Ansol Ltd & Ors

Intermet FZCO & Ors v Ansol Ltd & Ors

The application for an injunction was refused because Ansol delayed unreasonably in seeking relief, the arbitration claims were contractual and not oppressive or unconscionable, and the claimants were entitled to pursue their contractual rights under the arbitration agreement. The continuation of arbitration was not oppressive, and the claimants had given undertakings to limit the scope of arbitration claims, mitigating any risk of prejudice or inconsistent findings.

Parties
Claimant: Intermet FZCO; Claimant: Intermet LLC; Claimant: Vneshexpertservice Consulting Company Limited (Ves); Defendant: Ansol Limited; Defendant: Ashton Investments Limited; Defendant: Enothera Limited; Defendant: Gradex Gibraltar; Defendant: Prixford Limited; Defendant: Gradex UK; Defendant: Mr Nazarov; Defendant: Mr Shushko; Defendant: Mr Rastegaev
Jurisdiction
England and Wales
Judgment Date
09 February 2007
Procedural Posture
Commercial Court Application / Ruling on Application for Interim Injunction to Restrain Arbitration
Outcome
Application for interim injunction refused; application dismissed.
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Contractual Disputes, Jurisdiction, Delay in Seeking Relief
Commercial Law Arbitration Anti Suit Injunctions Arbitration Agreements Contractual Disputes Jurisdiction Delay in Seeking Relief

Case Brief

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Parties

Intermet FZCO

Claimant

Intermet LLC

Claimant

Vneshexpertservice Consulting Company Limited (Ves)

Claimant

Ansol Limited

Defendant

Ashton Investments Limited

Defendant

Enothera Limited

Defendant

Gradex Gibraltar

Defendant

Prixford Limited

Defendant

Gradex UK

Defendant

Mr Nazarov

Defendant

Mr Shushko

Defendant

Mr Rastegaev

Defendant

Procedural Posture

Commercial Court Application / Ruling on Application for Interim Injunction to Restrain Arbitration

Legal Issues

  1. 1 Whether the court should grant an interim injunction restraining claimants from proceeding with arbitration
  2. 2 Whether continuation of arbitration is oppressive, vexatious, or prejudicial to the defendant
  3. 3 Whether delay in seeking injunction is a bar to relief

Ratio Decidendi

The application for an injunction was refused because Ansol delayed unreasonably in seeking relief, the arbitration claims were contractual and not oppressive or unconscionable, and the claimants were entitled to pursue their contractual rights under the arbitration agreement. The continuation of arbitration was not oppressive, and the claimants had given undertakings to limit the scope of arbitration claims, mitigating any risk of prejudice or inconsistent findings.

Court Disposition

Application for interim injunction refused; application dismissed.

Orders

  • No injunction granted restraining arbitration.
  • Claimants to abide by undertakings limiting scope of arbitration claims.