Rafael Advanced Defense Systems Ltd v Mectron Engenharia, Industria E Comercio SA

Rafael Advanced Defense Systems Ltd v Mectron Engenharia, Industria E Comercio SA

There is no serious issue to be tried as to there being a real risk that Mectron intends, unless restrained by order of the court, to breach its confidentiality and non-disclosure obligations to Rafael. Mectron has consistently acknowledged and complied with its obligations, and the evidence does not support the allegation of imminent breach. Therefore, the interim injunction should not be continued.

Parties
Claimant: Rafael Advanced Defense Systems Limited; Defendant: Mectron Engenharia, Industria e Comercio SA; Notified Third Party: Elbit Systems Ltd.
Jurisdiction
England and Wales
Judgment Date
27 March 2017
Procedural Posture
Commercial Injunction Application / Ruling on Continuation of Interim Injunction
Outcome
Interim injunction not continued
Legal Topics
Interim Injunctions, Confidentiality, Non Disclosure Agreements, Quia Timet Relief, Arbitration Act 1996 S.44
Commercial Law Intellectual Property Arbitration Interim Injunctions Confidentiality Non Disclosure Agreements Quia Timet Relief Arbitration Act 1996 S.44

Case Brief

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Parties

Rafael Advanced Defense Systems Limited

Claimant

Mectron Engenharia, Industria e Comercio SA

Defendant

Elbit Systems Ltd.

Notified Third Party

Procedural Posture

Commercial Injunction Application / Ruling on Continuation of Interim Injunction

Legal Issues

  1. 1 Whether there is a real risk of breach of confidentiality and non-disclosure obligations by Mectron
  2. 2 Whether the interim injunction should be continued until final arbitral award
  3. 3 Adequacy of damages as remedy

Ratio Decidendi

There is no serious issue to be tried as to there being a real risk that Mectron intends, unless restrained by order of the court, to breach its confidentiality and non-disclosure obligations to Rafael. Mectron has consistently acknowledged and complied with its obligations, and the evidence does not support the allegation of imminent breach. Therefore, the interim injunction should not be continued.

Court Disposition

Interim injunction not continued

Orders

  • The without notice injunction granted on 3 March 2017 is discharged.
  • No further injunctive relief granted.