Seele Middle East FZE v Drake & Scull International SA Co

Seele Middle East FZE v Drake & Scull International SA Co

Seele has a strongly arguable case that the documents do not fall within Clause 29 and are commercially sensitive. Damages would not be an adequate remedy for Seele if Drake & Scull used the documents. The balance of convenience and preservation of intellectual property rights favor granting the injunction. The status quo is preserved by restraining Drake & Scull from using the documents.

Parties
Claimant: Seele Middle East FZE; Defendant: Drake & Scull International SA CO
Jurisdiction
England and Wales
Judgment Date
24 February 2014
Procedural Posture
Arbitration Claim / Interim Injunction Return Date
Outcome
Interim injunction continued restraining Drake & Scull from using, copying, removing, or disposing of Seele's proprietary documents pending arbitration.
Legal Topics
Interim Injunctions, Confidential Information, Intellectual Property, Contract Termination, Balance of Convenience
Arbitration Commercial Law Contract Law Interim Injunctions Confidential Information Intellectual Property Contract Termination Balance of Convenience

Case Brief

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Parties

Seele Middle East FZE

Claimant

Drake & Scull International SA CO

Defendant

Procedural Posture

Arbitration Claim / Interim Injunction Return Date

Legal Issues

  1. 1 Whether Drake & Scull should be restrained from using, copying, or disposing of Seele's proprietary installation plans and related documents pending arbitration
  2. 2 Whether the documents fall within Clause 29 of the Sub-contract regarding ownership and use by Saudi Aramco
  3. 3 Adequacy of damages as a remedy for either party

Ratio Decidendi

Seele has a strongly arguable case that the documents do not fall within Clause 29 and are commercially sensitive. Damages would not be an adequate remedy for Seele if Drake & Scull used the documents. The balance of convenience and preservation of intellectual property rights favor granting the injunction. The status quo is preserved by restraining Drake & Scull from using the documents.

Court Disposition

Interim injunction continued restraining Drake & Scull from using, copying, removing, or disposing of Seele's proprietary documents pending arbitration.

Orders

  • Drake & Scull restrained from making any use of, removing, or disposing of documents in Seele's site office, including proprietary installation plans, 3D model, cutting, machining, assembly, and layout drawings.
  • Seele to provide financial information regarding its ability to satisfy an undertaking in damages.