AmTrust Europe Ltd v Trust Risk Group SpA

AmTrust Europe Ltd v Trust Risk Group SpA

The court refused to grant an anti-arbitration injunction because the disputes referred to arbitration are not clearly covered by the exclusive jurisdiction clause in the ToBA, and the arbitration agreement in the Framework Agreement is valid. The Italian tribunal, as the seat of arbitration, has supervisory jurisdiction to determine its own competence. There are no exceptional circumstances justifying intervention by the English court.

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 / Ruling 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 / Ruling 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 conduct of the defendant is vexatious, oppressive, or unconscionable.

Ratio Decidendi

The court refused to grant an anti-arbitration injunction because the disputes referred to arbitration are not clearly covered by the exclusive jurisdiction clause in the ToBA, and the arbitration agreement in the Framework Agreement is valid. The Italian tribunal, as the seat of arbitration, has supervisory jurisdiction to determine its own competence. There are no exceptional circumstances justifying intervention by the English court.

Court Disposition

application refused