Ecobank Transnational Incorporated v Tanoh [2015] EWHC 1874 (Comm) (03 July 2015)

Ecobank Transnational Incorporated v Tanoh [2015] EWHC 1874 (Comm) (03 July 2015)

The interim anti-enforcement injunction should not be continued because Ecobank delayed unreasonably in seeking relief, the Togolese employment dispute was properly before the Labour Tribunal under local law and policy, and the Ivorian defamation claim did not fall within the scope of the arbitration agreement. Comity and the advanced stage of the foreign proceedings further militated against granting the injunction.

Citation
[2015] EWHC 1874 (Comm)
Parties
Claimant: Ecobank Transnational Incorporated; Defendant: Mr Thierry Tanoh
Jurisdiction
England and Wales
Judgment Date
03 July 2015
Procedural Posture
Commercial Court Application for Anti Enforcement Injunction / Hearing for Continuation or Discharge of Interim Injunction
Outcome
Interim anti-enforcement injunction discharged; application for continuation refused.
Legal Topics
Anti Enforcement Injunctions, Arbitration Agreements, Comity, Delay in Seeking Relief, Jurisdictional Challenges
Arbitration Employment Law Conflict of Laws Anti Enforcement Injunctions Arbitration Agreements Comity Delay in Seeking Relief Jurisdictional Challenges

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ecobank Transnational Incorporated

Claimant

Mr Thierry Tanoh

Defendant

Procedural Posture

Commercial Court Application for Anti Enforcement Injunction / Hearing for Continuation or Discharge of Interim Injunction

Legal Issues

  1. 1 Whether to continue an interim anti-enforcement injunction to uphold an arbitration agreement in respect of foreign judgments
  2. 2 Whether the disputes in the Ivorian and Togolese proceedings fall within the scope of the arbitration agreement
  3. 3 Effect of delay in seeking anti-enforcement relief

Ratio Decidendi

The interim anti-enforcement injunction should not be continued because Ecobank delayed unreasonably in seeking relief, the Togolese employment dispute was properly before the Labour Tribunal under local law and policy, and the Ivorian defamation claim did not fall within the scope of the arbitration agreement. Comity and the advanced stage of the foreign proceedings further militated against granting the injunction.

Court Disposition

Interim anti-enforcement injunction discharged; application for continuation refused.

Orders

  • The interim injunction previously granted is discharged.
  • No continuation of anti-enforcement relief.