Ecobank Transnational Incorporated v Tanoh

Ecobank Transnational Incorporated v Tanoh

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

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 / Judgment on Application to Continue Interim Injunction
Outcome
Application for continuation of interim anti-enforcement injunction refused; interim injunction discharged.
Legal Topics
Anti Enforcement Injunctions, Arbitration Agreements, Jurisdiction, Comity, Delay in Seeking Relief
Arbitration Employment Law Private International Law Anti Enforcement Injunctions Arbitration Agreements Jurisdiction Comity Delay in Seeking Relief

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Parties

Ecobank Transnational Incorporated

Claimant

Mr Thierry Tanoh

Defendant

Procedural Posture

Commercial Court Application for Anti Enforcement Injunction / Judgment on Application to Continue Interim Injunction

Legal Issues

  1. 1 Whether the interim anti-enforcement injunction should be continued to restrain enforcement of foreign judgments contrary to an arbitration agreement
  2. 2 Whether the disputes in the Ivorian and Togolese proceedings fall within the scope of the arbitration agreement
  3. 3 Effect of delay and comity on the grant of anti-enforcement injunctions

Ratio Decidendi

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

Court Disposition

Application for continuation of interim anti-enforcement injunction refused; interim injunction discharged.

Orders

  • Interim anti-enforcement injunction discharged
  • No continuation of injunction against enforcement of Ivorian and Togolese judgments