Midgulf International Ltd v Groupe Chimiche Tunisien

Midgulf International Ltd v Groupe Chimiche Tunisien

The July contract was concluded on the terms set out in GCT’s fax of 7 July 2008, which did not include a London arbitration clause. The contract did not incorporate the detailed terms of the draft contract dated 27 June 2008, and thus there was no agreement to London arbitration. Accordingly, the application to appoint an arbitrator and continue the anti-suit injunction must be dismissed.

Parties
Claimant: Midgulf International Limited; Defendant: Groupe Chimiche Tunisien
Jurisdiction
England and Wales
Judgment Date
13 July 2009
Procedural Posture
Commercial Contract Dispute / Judgment After Speedy Trial on Preliminary Issue
Outcome
Application dismissed
Legal Topics
Arbitration Clause, Contract Formation, Anti Suit Injunction, Jurisdiction
Commercial Law Arbitration Arbitration Clause Contract Formation Anti Suit Injunction Jurisdiction

Case Brief

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Parties

Midgulf International Limited

Claimant

Groupe Chimiche Tunisien

Defendant

Procedural Posture

Commercial Contract Dispute / Judgment After Speedy Trial on Preliminary Issue

Legal Issues

  1. 1 Whether the July contract between the parties contained a London arbitration clause
  2. 2 Whether an arbitrator should be appointed under section 18 of the Arbitration Act 1996
  3. 3 Whether an anti-suit injunction should be continued

Ratio Decidendi

The July contract was concluded on the terms set out in GCT’s fax of 7 July 2008, which did not include a London arbitration clause. The contract did not incorporate the detailed terms of the draft contract dated 27 June 2008, and thus there was no agreement to London arbitration. Accordingly, the application to appoint an arbitrator and continue the anti-suit injunction must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application to appoint an arbitrator under section 18 of the Arbitration Act 1996 is dismissed
  • Application to continue the anti-suit injunction is dismissed