Alfred C Toepfer International GmbH v Societe Cargill France [1997] EWCA Civ 2811 (25th November, 1997)

Alfred C Toepfer International GmbH v Societe Cargill France [1997] EWCA Civ 2811 (25th November, 1997)

The Scott v. Avery clause does not bar the English court from granting injunctive relief to enforce the arbitration agreement, and the exclusive jurisdiction clause does not apply to ancillary proceedings for such relief. The court's discretion to grant an anti-suit injunction was properly exercised. However, unresolved issues of interpretation of the Brussels Convention, specifically the scope of the arbitration exception and the definition of 'same cause of action' under Article 21, require referral to the European Court of Justice.

Citation
[1997] EWCA Civ 2811
Parties
Defendant: Cargill; Plaintiff: Toepfer
Jurisdiction
England and Wales
Procedural Posture
Appeal / Referral to European Court of Justice
Outcome
Appeal referred to the European Court of Justice
Legal Topics
Anti Suit Injunctions, Arbitration Clauses, Exclusive Jurisdiction Clauses, Brussels Convention 1968, Scott V. Avery Clauses
International Arbitration Civil Procedure Contract Law Anti Suit Injunctions Arbitration Clauses Exclusive Jurisdiction Clauses Brussels Convention 1968 Scott V. Avery Clauses

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 5 Authorities cited 19 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Cargill

Defendant

Toepfer

Plaintiff

Procedural Posture

Appeal / Referral to European Court of Justice

Legal Issues

  1. 1 Whether the English court can grant an anti-suit injunction to restrain foreign proceedings in breach of an arbitration agreement
  2. 2 Whether the Scott v. Avery clause precludes the English court from entertaining the claim for injunctive relief without a prior arbitration award
  3. 3 Whether the exclusive jurisdiction clause applies to ancillary proceedings for injunctive relief

Ratio Decidendi

The Scott v. Avery clause does not bar the English court from granting injunctive relief to enforce the arbitration agreement, and the exclusive jurisdiction clause does not apply to ancillary proceedings for such relief. The court's discretion to grant an anti-suit injunction was properly exercised. However, unresolved issues of interpretation of the Brussels Convention, specifically the scope of the arbitration exception and the definition of 'same cause of action' under Article 21, require referral to the European Court of Justice.

Court Disposition

Appeal referred to the European Court of Justice

Orders

  • Questions referred to the European Court of Justice regarding the scope of Article 1(4) of the Brussels Convention and whether the English and French proceedings constitute the same cause of action under Article 21.