REC Wafer Norway AS v Moser Baer Photo Voltaic Ltd

REC Wafer Norway AS v Moser Baer Photo Voltaic Ltd

Continuation of Indian proceedings seeking injunction against encashment of English law-governed bank guarantees, after English court refused similar relief, is vexatious and oppressive. Anti-suit injunction is necessary to protect REC's legitimate interests and uphold the parties' contractual bargain. Delay was not sufficient to bar relief given the procedural posture in India.

Parties
Claimant: REC Wafer Norway AS; Defendant: Moser Baer Photo Voltaic Ltd
Jurisdiction
England and Wales
Judgment Date
15 October 2010
Procedural Posture
Commercial Court Claim for Anti Suit Injunction / Final Judgment
Outcome
Anti-suit injunction granted
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Bank Guarantees, Jurisdiction, Delay in Seeking Relief
International Commercial Law Arbitration Contract Law Anti Suit Injunctions Arbitration Agreements Bank Guarantees Jurisdiction Delay in Seeking Relief

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Parties

REC Wafer Norway AS

Claimant

Moser Baer Photo Voltaic Ltd

Defendant

Procedural Posture

Commercial Court Claim for Anti Suit Injunction / Final Judgment

Legal Issues

  1. 1 Whether continuation of Indian proceedings is vexatious or oppressive
  2. 2 Whether Indian proceedings breach English arbitration clause
  3. 3 Whether anti-suit injunction should be granted given delay

Ratio Decidendi

Continuation of Indian proceedings seeking injunction against encashment of English law-governed bank guarantees, after English court refused similar relief, is vexatious and oppressive. Anti-suit injunction is necessary to protect REC's legitimate interests and uphold the parties' contractual bargain. Delay was not sufficient to bar relief given the procedural posture in India.

Court Disposition

Anti-suit injunction granted

Orders

  • Moser Baer restrained from continuing Indian proceedings seeking injunction against encashment of bank guarantees
  • Court to hear parties on form of order and consequential matters