Emmott v Michael Wilson & Partners

Emmott v Michael Wilson & Partners

The claims in the Second NSW Proceedings are in breach of the arbitration agreement in the MWP Agreement (and, if relevant, the Co-operation Agreement), as they concern disputes arising out of or connected with the parties' relationship and prior arbitration. Issue estoppel arises as the key issues were finally determined in arbitration. The Second NSW Proceedings amount to an abuse of process as a collateral attack on the arbitration award. There are no strong reasons to refuse the anti-suit injunction, and the court will continue the injunction to restrain MWP from pursuing the New South Wales proceedings.

Parties
Claimant: John Forster Emmott; Defendant: Michael Wilson & Partners
Jurisdiction
England and Wales
Judgment Date
24 November 2016
Procedural Posture
Commercial Anti Suit Injunction Application / Return Date Hearing for Continuation of Interim Anti Suit Injunction
Outcome
Anti-suit injunction continued
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Estoppel, Abuse of Process, Jurisdiction, Assignment of Claims
Arbitration Commercial Law Civil Procedure Anti Suit Injunctions Arbitration Agreements Estoppel Abuse of Process Jurisdiction +1 more

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Parties

John Forster Emmott

Claimant

Michael Wilson & Partners

Defendant

Procedural Posture

Commercial Anti Suit Injunction Application / Return Date Hearing for Continuation of Interim Anti Suit Injunction

Legal Issues

  1. 1 Whether the claims in the Second NSW Proceedings are in breach of arbitration agreement(s) in the MWP Agreement and/or the Co-operation Agreement
  2. 2 Whether the court should exercise its discretion to continue the anti-suit injunction
  3. 3 Whether the anti-suit injunction should be discharged for alleged non-disclosure or misleading statements by the applicant

Ratio Decidendi

The claims in the Second NSW Proceedings are in breach of the arbitration agreement in the MWP Agreement (and, if relevant, the Co-operation Agreement), as they concern disputes arising out of or connected with the parties' relationship and prior arbitration. Issue estoppel arises as the key issues were finally determined in arbitration. The Second NSW Proceedings amount to an abuse of process as a collateral attack on the arbitration award. There are no strong reasons to refuse the anti-suit injunction, and the court will continue the injunction to restrain MWP from pursuing the New South Wales proceedings.

Court Disposition

Anti-suit injunction continued

Orders

  • The anti-suit injunction restraining MWP from taking further steps in the New South Wales proceedings is continued.
  • Permission granted to serve the arbitration claim form and related documents on MWP out of the jurisdiction by email.