SAB Miller Africa & Anor v East African Breweries
Section 44 of the Arbitration Act 1996 applies, and by force of section 44(7), the Court of Appeal lacks jurisdiction to grant permission to appeal against the interim injunction; the contractual clauses relied upon do not confer wider powers than section 44.
Source-derived case information.
- Parties
- Respondent: SAB Miller Africa; Respondent: Tanzania Breweries Ltd; Applicant: East African Breweries
- Jurisdiction
- England and Wales
- Judgment Date
- 09 December 2009
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal Against Interim Injunction
- Outcome
- application refused
- Legal Topics
- Interim Injunctions, Court Jurisdiction, Arbitration Agreement Interpretation
Source-derived case record
Summary, issues, holding and outcome
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Parties
SAB Miller Africa
Respondent
Tanzania Breweries Ltd
Respondent
East African Breweries
Applicant
Procedural Posture
Civil Appeal / Application for Permission to Appeal Against Interim Injunction
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to grant permission to appeal against an interim injunction granted under section 44 of the Arbitration Act 1996
- 2 Whether contractual clauses confer wider powers than section 44 of the Arbitration Act 1996
Ratio Decidendi
Section 44 of the Arbitration Act 1996 applies, and by force of section 44(7), the Court of Appeal lacks jurisdiction to grant permission to appeal against the interim injunction; the contractual clauses relied upon do not confer wider powers than section 44.
Court Disposition
application refused
Orders
- Permission to appeal refused
- No jurisdiction to grant leave to appeal under section 44(7)
Full Case Text
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