G v R

G v R

The inference that English law governs the arbitration agreement is negated by the fact that French law, as the law of the seat, provides by established case law that the arbitration agreement is governed by French substantive rules applicable to international arbitration. Therefore, English law does not govern the arbitration agreement, and England is not the proper forum for the anti-suit injunction, as substantial justice can be done in France.

Parties
Claimant: G; Defendant: R
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Arbitration Claim / Judgment After Trial of Application for Final Anti Suit Relief
Outcome
Claim dismissed for want of jurisdiction.
Legal Topics
Governing Law of Arbitration Agreements, Anti Suit Injunctions, Forum Conveniens, Enforcement of Arbitration Agreements
Arbitration Private International Law Contract Law Governing Law of Arbitration Agreements Anti Suit Injunctions Forum Conveniens Enforcement of Arbitration Agreements

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Parties

G

Claimant

R

Defendant

Procedural Posture

Arbitration Claim / Judgment After Trial of Application for Final Anti Suit Relief

Legal Issues

  1. 1 What is the governing law of the arbitration agreement?
  2. 2 Is England the proper forum for the claim to an anti-suit injunction?

Ratio Decidendi

The inference that English law governs the arbitration agreement is negated by the fact that French law, as the law of the seat, provides by established case law that the arbitration agreement is governed by French substantive rules applicable to international arbitration. Therefore, English law does not govern the arbitration agreement, and England is not the proper forum for the anti-suit injunction, as substantial justice can be done in France.

Court Disposition

Claim dismissed for want of jurisdiction.

Orders

  • Claim for anti-suit injunction dismissed.