C v D

C v D

By agreeing to London as the seat of arbitration and to the application of the English Arbitration Act 1996, the parties conferred exclusive supervisory jurisdiction on the English courts. Any challenge to the Partial Award must be made only in England under the 1996 Act. D's threatened challenge in the US would breach the arbitration agreement and the agreement to the curial law. C is entitled to a final anti-suit injunction restraining D from challenging the award outside England, and to a declaration that the Partial Award is final and binding, subject only to challenge under the 1996 Act.

Parties
Claimant: C; Defendant: D
Jurisdiction
England and Wales
Judgment Date
28 June 2007
Procedural Posture
Commercial Arbitration Related Claim / Judgment on Application for Final Anti Suit Injunction and Declaratory Relief
Outcome
Claim allowed. Final anti-suit injunction granted. Declaration granted.
Legal Topics
Anti Suit Injunctions, Supervisory Jurisdiction of Seat of Arbitration, Enforcement of Arbitral Awards, Governing Law of Arbitration Agreement, Bermuda Form Insurance Policy
Arbitration Conflict of Laws Insurance Anti Suit Injunctions Supervisory Jurisdiction of Seat of Arbitration Enforcement of Arbitral Awards Governing Law of Arbitration Agreement Bermuda Form Insurance Policy

Case Brief

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Parties

C

Claimant

D

Defendant

Procedural Posture

Commercial Arbitration Related Claim / Judgment on Application for Final Anti Suit Injunction and Declaratory Relief

Legal Issues

  1. 1 Whether D can challenge the London-seated arbitral award in US courts contrary to the parties' agreement to English curial law and seat
  2. 2 Whether the English court should grant a final anti-suit injunction restraining D from challenging the Partial Award outside England
  3. 3 Whether the governing law of the arbitration agreement is English law or New York law

Ratio Decidendi

By agreeing to London as the seat of arbitration and to the application of the English Arbitration Act 1996, the parties conferred exclusive supervisory jurisdiction on the English courts. Any challenge to the Partial Award must be made only in England under the 1996 Act. D's threatened challenge in the US would breach the arbitration agreement and the agreement to the curial law. C is entitled to a final anti-suit injunction restraining D from challenging the award outside England, and to a declaration that the Partial Award is final and binding, subject only to challenge under the 1996 Act.

Court Disposition

Claim allowed. Final anti-suit injunction granted. Declaration granted.

Orders

  • D restrained from challenging the Partial Award or any subsequent award in any jurisdiction other than the English court.
  • Declaration that the Partial Award is final and binding, subject only to challenge under the Arbitration Act 1996.