Source: All England Reporter
Publisher Citation: [2007] All ER (D) 90 (Jun)
Neutral Citation: [2007] EWHC 1363 (Comm)
Court: Queen's Bench Division (Commercial Court)

Cooke J

Representation Paul McGrath (instructed by Berwin Leighton Paisner) for the claimant.
  John Lockey QC (instructed by Kennedys) for the defendant.
Judgment Dates: 12 June 2007


Arbitration - Arbitrator - Jurisdiction - Proceedings brought in Israel by defendant concerning similar cause of action to arbitration proceedings - Whether issuance of Israeli proceedings constituting repudiatory breach of arbitration agreement by defendant - , s 67.

The Case

Arbitration Arbitrator. The defendant had not acted in breach of an arbitration agreement by bringing proceedings in Israel. It was not using the action to pursue any claims against the claimant, since those were to be resolved within the context of the arbitration, but was in a position to pursue other defendants in Tel Aviv in respect of the same history of events. It had effectively disavowed any claims against the claimant falling within the arbitration agreement.

Practice Areas

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