Source: All England Reporter
Publisher Citation: [2002] All ER (D) 186 (Oct)
Neutral Citation: [2002] EWHC 2033 (Comm)
Court: Commercial Court

David Steel J

Representation Graham Dunning QC and Ricky Diwan (instructed by Stephenson Harwood) for the claimant.
  Michael Howard QC and Karen Troy-Davies (instructed by Brookes & Co) for the defendant.
Judgment Dates: 14 October 2002


Conflict of laws - Jurisdiction - Convention jurisdiction - Charterparty - Law governing arbitration clause - Availability of anti-suit injunction - (Applicable Law) Act 1990, Sch 1, art 8(2).

The Case

In an action based on a charterparty, an argument by the claimant to rely on the law of the Ukraine and-or Switzerland to establish that it did not consent to the incorporation of the London arbitration clause by virtue of art8(2) of the Rome Convention was dismissed; and, further, the defendant obtained an anti-suit injunction to restrain the claimant from pursuing proceedings otherwise than by arbitration.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.