U&M Mining Zambia Ltd v Konkola Copper Mines Plc

U&M Mining Zambia Ltd v Konkola Copper Mines Plc

The Zambian proceedings did not breach the arbitration agreement, as the LCIA Rules and contractual terms permit parties to seek interim measures from Zambian courts pending tribunal formation, even where the seat is England. Therefore, the anti-suit injunction must be discharged.

Parties
Claimant: U&M Mining Zambia Ltd; Defendant: Konkola Copper Mines Plc
Jurisdiction
England and Wales
Judgment Date
15 February 2013
Procedural Posture
Commercial Court Application for Anti Suit Injunction / Inter Partes Hearing on Whether to Make Injunction Final or Discharge
Outcome
Injunction discharged; Zambian proceedings not in breach of arbitration agreement.
Legal Topics
Anti Suit Injunctions, Interim Measures, Arbitration Seat Determination, Jurisdiction Clauses, LCIA Rules
Arbitration Contract Law International Commercial Law Anti Suit Injunctions Interim Measures Arbitration Seat Determination Jurisdiction Clauses LCIA Rules

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Parties

U&M Mining Zambia Ltd

Claimant

Konkola Copper Mines Plc

Defendant

Procedural Posture

Commercial Court Application for Anti Suit Injunction / Inter Partes Hearing on Whether to Make Injunction Final or Discharge

Legal Issues

  1. 1 Whether proceedings in Zambia breached London arbitration clauses justifying an anti-suit injunction
  2. 2 Whether the seat of arbitration under the FW/HW Contract is England or Zambia
  3. 3 Whether parties are entitled to seek interim relief from Zambian courts despite English seat

Ratio Decidendi

The Zambian proceedings did not breach the arbitration agreement, as the LCIA Rules and contractual terms permit parties to seek interim measures from Zambian courts pending tribunal formation, even where the seat is England. Therefore, the anti-suit injunction must be discharged.

Court Disposition

Injunction discharged; Zambian proceedings not in breach of arbitration agreement.

Orders

  • Anti-suit injunction granted on 1 February 2013 is discharged.
  • No ruling on stay application under s.9 Arbitration Act 1996 as proceedings disposed.