UAU v HVB [2021] EWHC 1548 (Comm) (28 May 2021)

UAU v HVB [2021] EWHC 1548 (Comm) (28 May 2021)

The defendant's commencement and continuation of proceedings in Equatorial Guinea constitute a clear breach of the parties' arbitration agreement, which requires disputes to be resolved by arbitration in London. There are no strong reasons to refuse anti-suit injunctive relief, the claimant has not submitted to the foreign jurisdiction, and any delay in seeking relief was justified and has not prejudiced the defendant. Mandatory and declaratory relief are appropriate to enforce the contractual arbitration agreement and protect the claimant from prejudice.

Citation
[2021] EWHC 1548 (Comm)
Parties
Claimant: UAU; Defendant: HVB
Jurisdiction
England and Wales
Judgment Date
28 May 2021
Procedural Posture
Commercial Court Application for Anti Suit Injunction and Declaratory Relief / Final Hearing
Outcome
Claim allowed. Final mandatory anti-suit injunction and declaratory relief granted. Costs awarded to claimant on indemnity basis.
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Jurisdiction, Declaratory Relief
Arbitration Commercial Law Civil Procedure Anti Suit Injunctions Arbitration Agreements Jurisdiction Declaratory Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

UAU

Claimant

HVB

Defendant

Procedural Posture

Commercial Court Application for Anti Suit Injunction and Declaratory Relief / Final Hearing

Legal Issues

  1. 1 Whether the defendant's proceedings in Equatorial Guinea breach the arbitration agreement
  2. 2 Whether there are strong reasons not to grant anti-suit injunctive relief
  3. 3 Whether delay by the claimant justifies refusing relief

Ratio Decidendi

The defendant's commencement and continuation of proceedings in Equatorial Guinea constitute a clear breach of the parties' arbitration agreement, which requires disputes to be resolved by arbitration in London. There are no strong reasons to refuse anti-suit injunctive relief, the claimant has not submitted to the foreign jurisdiction, and any delay in seeking relief was justified and has not prejudiced the defendant. Mandatory and declaratory relief are appropriate to enforce the contractual arbitration agreement and protect the claimant from prejudice.

Court Disposition

Claim allowed. Final mandatory anti-suit injunction and declaratory relief granted. Costs awarded to claimant on indemnity basis.

Orders

  • Defendant prohibited from taking further steps in the Equatorial Guinea proceedings save to discontinue them or from commencing any further proceedings in relation to the agreements other than by way of London-seated arbitration.
  • Defendant ordered to take immediate steps to discontinue the Equatorial Guinea proceedings against the claimant.