Ecom Agroindustrial Corp Ltd v Mosharaf Composite Textile Mill Ltd

Ecom Agroindustrial Corp Ltd v Mosharaf Composite Textile Mill Ltd

The Bangladeshi proceedings were commenced in breach of a valid and binding arbitration agreement requiring all disputes to be referred to ICA arbitration under English law. There are no strong reasons not to grant an anti-suit injunction, and the circumstances justify both prohibitive and mandatory injunctive relief, as well as declaratory relief.

Parties
Claimant: ECOM AGROINDUSTRIAL CORP. LTD; Defendant: MOSHARAF COMPOSITE TEXTILE MILL LTD
Jurisdiction
England and Wales
Judgment Date
20 May 2013
Procedural Posture
Commercial Court Arbitration Claim / Final Judgment
Outcome
Claim allowed
Legal Topics
Anti Suit Injunction, Arbitration Agreement, Jurisdiction, Declaratory Relief
Arbitration Commercial Law Anti Suit Injunction Arbitration Agreement Jurisdiction Declaratory Relief

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Parties

ECOM AGROINDUSTRIAL CORP. LTD

Claimant

MOSHARAF COMPOSITE TEXTILE MILL LTD

Defendant

Procedural Posture

Commercial Court Arbitration Claim / Final Judgment

Legal Issues

  1. 1 Whether the Bangladeshi proceedings are a breach of the arbitration clause
  2. 2 Whether an anti-suit injunction should be granted to restrain the Defendant from continuing foreign proceedings
  3. 3 Whether declaratory relief should be granted

Ratio Decidendi

The Bangladeshi proceedings were commenced in breach of a valid and binding arbitration agreement requiring all disputes to be referred to ICA arbitration under English law. There are no strong reasons not to grant an anti-suit injunction, and the circumstances justify both prohibitive and mandatory injunctive relief, as well as declaratory relief.

Court Disposition

Claim allowed

Orders

  • Anti-suit injunction granted restraining the Defendant from taking further steps in the Bangladeshi proceedings or commencing further proceedings in relation to the Contract, and ordering the Defendant to discontinue the Bangladeshi proceedings.
  • Declarations granted that the Defendant is obliged to arbitrate all disputes relating to the Contract, to bring any challenge to the tribunal or this Court, and that the Bangladeshi proceedings constitute a breach of contract.