United Kingdom / 10 February 2010 / England and Wales, Court of Appeal / Midgulf International Limited v. Groupe Chimiche Tunisien / A3/2009/1664; A3/2009/1664(A); A3/2009/1664(B); A3/2009/1664(C)
| Country | United Kingdom |
| Court | England and Wales, Court of Appeal |
| Date | 10 February 2010 |
| Parties | Midgulf International Limited v. Groupe Chimiche Tunisien |
| Case number | A3/2009/1664; A3/2009/1664(A); A3/2009/1664(B); A3/2009/1664(C) |
| Applicable NYC Provisions | II | II(3) |
| Source |
[2010] EWCA Civ 66 | online: BAILII |
| Languages | English |
| Summary | In June 2008, Midgulf, a Cypriot company, contracted to sell sulphur to Groupe Chimiche Tunisien ("GCT"), a Tunisian State-owned entity. This contract, created by various communications between the parties, provided for arbitration in London. In July 2008, the parties agreed to another sale through a further series of communications, including one referring to an earlier draft contract which contained the June arbitration agreement. Disputes arose under both the June and July contracts. GCT claimed that the July contract was not governed by the June arbitration agreement, and commenced litigation in Tunisia for a declaration to that effect and for damages. GCT also challenged various applications brought by Midgulf in the English courts. The High Court refused to discontinue an anti-suit injunction obtained by Midgulf enjoining GCT from pursuing the Tunisian proceedings. GCT appealed. The Court of Appeal affirmed the High Court's ruling regarding the anti-suit injunction. It noted the well-established jurisdiction of English courts to issue anti-suit injunctions to restrain foreign court proceedings that would be in breach of an English arbitration agreement. The Court rejected GCT's argument that such an injunction should not be issued if the foreign court is located in an NYC country, such as Tunisia. The Court noted the long-standing English judicial view that anti-suit injunctions were not incompatible with the NYC. |
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