Electronic Arts CV v CTO SpA

Electronic Arts CV v CTO SpA

The court held that the claims in the Italian proceedings fell within the scope of the arbitration agreement, that the arbitration exception in Article 1.2(d) of the Jurisdiction and Judgments Regulation applied, and that there were no strong reasons (public policy, multiplicity of proceedings, or comity) to refuse an interim anti-suit injunction. Accordingly, the court granted an interim injunction restraining CTO from continuing the Italian proceedings against EA until trial or further order.

Parties
Claimant: Electronic Arts CV; Defendant: CTO SpA
Jurisdiction
England and Wales
Judgment Date
06 May 2003
Procedural Posture
Commercial Court Application for Interim Injunction / Interim Application Judgment
Outcome
Interim injunction granted
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Jurisdiction and Judgments Regulation (ec 44/2001), Enforcement of Arbitration Agreements, Public Policy and Arbitrability, Comity, Multiplicity of Proceedings
Arbitration Competition Law Conflict of Laws Civil Procedure Anti Suit Injunctions Arbitration Agreements Jurisdiction and Judgments Regulation (ec 44/2001) Enforcement of Arbitration Agreements +3 more

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Parties

Electronic Arts CV

Claimant

CTO SpA

Defendant

Procedural Posture

Commercial Court Application for Interim Injunction / Interim Application Judgment

Legal Issues

  1. 1 Whether the English court should grant an interim anti-suit injunction restraining CTO from continuing Italian proceedings in breach of an arbitration agreement
  2. 2 Whether the claims in the Italian proceedings fall within the scope of the arbitration agreement
  3. 3 Whether the arbitration exception in Article 1.2(d) of the Jurisdiction and Judgments Regulation applies to the present proceedings

Ratio Decidendi

The court held that the claims in the Italian proceedings fell within the scope of the arbitration agreement, that the arbitration exception in Article 1.2(d) of the Jurisdiction and Judgments Regulation applied, and that there were no strong reasons (public policy, multiplicity of proceedings, or comity) to refuse an interim anti-suit injunction. Accordingly, the court granted an interim injunction restraining CTO from continuing the Italian proceedings against EA until trial or further order.

Court Disposition

Interim injunction granted

Orders

  • CTO is restrained from continuing the Italian proceedings against EA until trial or further order, with liberty to apply if the arbitral tribunal suspends the arbitration.
  • EA to provide a cross-undertaking in damages.