Arbitration
Dreymoor Fertilisers Overseas PTE Ltd v Eurochem Trading GMBH [2018] EWHC 909 (Comm), [2018] All ER (D) 17 (May)
The claimant company’s challenge to the jurisdiction of an arbitrator in a dispute concerning alleged corrupt arrangements in the sale of fertiliser products failed. The Commercial Court held that the arbitrator had had jurisdiction in both of the arbitrations under consideration, and his partial final award would be allowed to stand.
Conflict of laws
Dell Emerging Markets (EMEA) Ltd and others v Systems Equipment Telecommunications Services S.A.L. [2018] EWHC 702 (Comm), [2018] All ER (D) 14 (May)
The Commercial Court granted an application by the claimant companies, which included Dell Computer SA, for an anti-suit injunction to restrain the defendant distributor company (SETS) from continuing Lebanese proceedings for the alleged breach of an international distribution agreement (the agreement). The court ruled that the test for an anti-suit injunction had been met in relation to Dell Computer SA and that the fact that the agreement, which contained an English exclusive jurisdiction clause, would be regarded as illegal in the place of performance, namely Lebanon, did not
