Midgulf International Ltd v Groupe Chimiche Tunisien

Midgulf International Ltd v Groupe Chimiche Tunisien

The court could not conclude to a high degree of probability that the July contract contained a London arbitration clause without oral evidence on a disputed telephone conversation. Therefore, the anti-suit injunction is continued only until a speedy trial determines the issue. The court rejects arguments that Midgulf submitted to Tunisian jurisdiction or that delay bars relief, and finds no clear estoppel. The court also finds that the declaration action in Tunisia is not a breach of the arbitration agreement, but the injunction is justified on case management grounds pending trial.

Parties
Claimant: Midgulf International Limited; Defendant: Groupe Chimiche Tunisien
Jurisdiction
England and Wales
Judgment Date
11 May 2009
Procedural Posture
Commercial Arbitration Related Application / Interlocutory Judgment on Anti Suit Injunction and Appointment of Arbitrator
Outcome
Anti-suit injunction continued pending speedy trial; no final determination on appointment of arbitrator or permanent injunction.
Legal Topics
Anti Suit Injunctions, Jurisdiction, Arbitration Agreement Formation, Submission to Foreign Jurisdiction, Delay in Seeking Injunction, Breach of Arbitration Agreement
Arbitration Commercial Law Conflict of Laws Anti Suit Injunctions Jurisdiction Arbitration Agreement Formation Submission to Foreign Jurisdiction Delay in Seeking Injunction +1 more

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Parties

Midgulf International Limited

Claimant

Groupe Chimiche Tunisien

Defendant

Procedural Posture

Commercial Arbitration Related Application / Interlocutory Judgment on Anti Suit Injunction and Appointment of Arbitrator

Legal Issues

  1. 1 Whether the July contract contained a London arbitration clause
  2. 2 Whether an anti-suit injunction should be continued restraining GCT from Tunisian proceedings
  3. 3 Whether the English court should appoint an arbitrator under section 18 of the Arbitration Act 1996

Ratio Decidendi

The court could not conclude to a high degree of probability that the July contract contained a London arbitration clause without oral evidence on a disputed telephone conversation. Therefore, the anti-suit injunction is continued only until a speedy trial determines the issue. The court rejects arguments that Midgulf submitted to Tunisian jurisdiction or that delay bars relief, and finds no clear estoppel. The court also finds that the declaration action in Tunisia is not a breach of the arbitration agreement, but the injunction is justified on case management grounds pending trial.

Court Disposition

Anti-suit injunction continued pending speedy trial; no final determination on appointment of arbitrator or permanent injunction.

Orders

  • Speedy trial ordered to determine whether the July contract contained a London arbitration clause.
  • Anti-suit injunction restraining GCT from Tunisian proceedings continued until trial determination.