BRG NOAL GP SARL & Anor v Kowski & Anor [2022] EWHC 867 (Ch) (11 April 2022)

BRG NOAL GP SARL & Anor v Kowski & Anor [2022] EWHC 867 (Ch) (11 April 2022)

The 30 August Agreement, including the undertakings, is most closely connected to Luxembourg and governed by Luxembourg law. The dispute concerns the management and control of a Luxembourg partnership, with relevant proceedings ongoing in Luxembourg. The English court is not the natural or appropriate forum; Luxembourg is clearly more appropriate. Proceedings in England are stayed on forum non conveniens grounds.

Citation
[2022] EWHC 867 (Ch)
Parties
Claimant: BRG NOAL GP S.à r.l.; Claimant: NOAL SCSp; Defendant: Stefan Kowski; Defendant: Bastian Lueken
Jurisdiction
England and Wales
Judgment Date
11 April 2022
Procedural Posture
Interim Injunction Application / High Court Hearing on Interim Relief and Stay Application
Outcome
Stay granted; English proceedings stayed on forum non conveniens grounds.
Legal Topics
Interim Injunctions, Forum Non Conveniens, Governing Law Determination, Enforcement of Undertakings, Anti Suit Injunctions
Contract Law Conflict of Laws Civil Procedure Interim Injunctions Forum Non Conveniens Governing Law Determination Enforcement of Undertakings Anti Suit Injunctions

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Parties

BRG NOAL GP S.à r.l.

Claimant

NOAL SCSp

Claimant

Stefan Kowski

Defendant

Bastian Lueken

Defendant

Procedural Posture

Interim Injunction Application / High Court Hearing on Interim Relief and Stay Application

Legal Issues

  1. 1 Whether the English court should grant interim injunctive relief to restrain prosecution of Luxembourg proceedings
  2. 2 Whether the English court is the appropriate forum or whether proceedings should be stayed on forum non conveniens grounds
  3. 3 What is the governing law of the undertakings/30 August Agreement

Ratio Decidendi

The 30 August Agreement, including the undertakings, is most closely connected to Luxembourg and governed by Luxembourg law. The dispute concerns the management and control of a Luxembourg partnership, with relevant proceedings ongoing in Luxembourg. The English court is not the natural or appropriate forum; Luxembourg is clearly more appropriate. Proceedings in England are stayed on forum non conveniens grounds.

Court Disposition

Stay granted; English proceedings stayed on forum non conveniens grounds.

Orders

  • Proceedings in England stayed pending determination in Luxembourg.
  • No interim injunction granted against Defendants.