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England and Wales decisions
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Section 67 challenge succeeded for A1 and A3: C lacked authority to bind them and there was no ratification. A2’s challenge failed under section 73.
The High Court stayed a sports-agent dispute under FA Rule K arbitration, holding the rule bound both participants and covered the inducing-breach claim.
There is a valid arbitration agreement governed by English law, the Russian proceedings breach that agreement, no strong reasons exist to refuse relief, and the sanctions regime does not prevent substantive justice in England. Therefore, anti-suit and anti-enforcement injunctions are granted.
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BHP is not bound by the arbitration clause in the Samarco Shareholders Agreement under Brazilian law, as it did not act as a true party to the contract or perform it in place of or alongside BHP Brasil. The matters in the Part 20 proceedings do not fall within the scope of the arbitration clause, as they do not concern breach of the Shareholders Agreement or technical matters as defined therein. Accordingly, Vale's application for a stay under section 9 of the Arbitration Act 1996 is dismissed.
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The court extended time for Vale to file replacement acknowledgments of service until 1 December 2023, allowing time for determination of its application for permission to appeal. Vale's application for a stay of the Part 20 proceedings was dismissed, as the balance of justice favoured progression of the claims. Vale was permitted to rely on expert evidence from Professor Lee on Brazilian arbitration law (questions 1 and 2), but not on question 3, which would improperly apply law to facts. Directions for pleadings, disclosure, and expert evidence were set to ensure timely progression of the c…
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Investcom Global Ltd v PLC Investments Ltd & Ors [2024] EWHC 2505 (Comm) (03 October 2024)
The High Court discharged anti-suit and anti-enforcement relief over Liberian proceedings linked to the Second Liberian Proceedings, but maintained relief over the Third Liberian Proceedings.
Tumpuan Megah Development Sdn Bhd v ING Bank NV & Anor [2024] EWHC 2350 (Comm) (17 September 2024)
The court set aside an extension of claim form validity against OWB, dismissed the claim against it, and struck out TMD’s claim against ING as precluded and abusive.
Commercial Court struck out a bunker-fuel claim as precluded by prior arbitral findings and set aside an extension that had allowed service on OWB.
The claimant failed to prove that the arbitration agreement had become inoperative or incapable of being performed. There was no express or implied agreement between the parties to abandon arbitration, and the mere resignation of the arbitrator or dissatisfaction with fees did not amount to abandonment. The stay of proceedings must therefore be re-imposed.
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There was no express or implied agreement that the slot purchase contract was governed by the 2018 MOU or its arbitration clause; the slot purchase was a separate contract. No estoppel arose to prevent GSL from denying the applicability of the 2018 MOU. The Tribunal correctly found it had no jurisdiction.
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