AmTrust Europe Ltd v Trust Risk Group SpA [2015] EWHC 1927 (Comm) (08 July 2015)

AmTrust Europe Ltd v Trust Risk Group SpA [2015] EWHC 1927 (Comm) (08 July 2015)

The court refused to grant an anti-arbitration injunction because there was no proper reason to restrain TRG from pursuing arbitration in Italy. The disputes referred to arbitration were not conclusively determined to fall within the exclusive jurisdiction clause of the ToBA, and the existence of an arbitration agreement with a foreign seat meant the arbitral tribunal and courts of the seat should determine jurisdiction. The pursuit of arbitration was not shown to be vexatious, oppressive, or unconscionable.

Citation
[2015] EWHC 1927 (Comm)
Parties
Claimant: AmTrust Europe Limited; Defendant: Trust Risk Group SpA
Jurisdiction
England and Wales
Judgment Date
08 July 2015
Procedural Posture
Application for Anti Arbitration Injunction / Post Interlocutory, Judgment on Application
Outcome
application refused
Legal Topics
Anti Arbitration Injunction, Exclusive Jurisdiction Clauses, Contractual Interpretation, Arbitration Agreements, Supervisory Jurisdiction
Commercial Law Conflict of Laws Arbitration Anti Arbitration Injunction Exclusive Jurisdiction Clauses Contractual Interpretation Arbitration Agreements Supervisory Jurisdiction

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Parties

AmTrust Europe Limited

Claimant

Trust Risk Group SpA

Defendant

Procedural Posture

Application for Anti Arbitration Injunction / Post Interlocutory, Judgment on Application

Legal Issues

  1. 1 Whether the English court should grant an anti-arbitration injunction restraining the defendant from pursuing arbitration proceedings in Italy
  2. 2 Whether the disputes referred to arbitration are covered by the exclusive jurisdiction clause in the Terms of Business Agreement (ToBA) or the arbitration clause in the Framework Agreement
  3. 3 Whether the pursuit of arbitration is vexatious, oppressive, or unconscionable

Ratio Decidendi

The court refused to grant an anti-arbitration injunction because there was no proper reason to restrain TRG from pursuing arbitration in Italy. The disputes referred to arbitration were not conclusively determined to fall within the exclusive jurisdiction clause of the ToBA, and the existence of an arbitration agreement with a foreign seat meant the arbitral tribunal and courts of the seat should determine jurisdiction. The pursuit of arbitration was not shown to be vexatious, oppressive, or unconscionable.

Court Disposition

application refused