Nigerian Agrip Exploitation Limited v GEC Petroleum Development Company Limited
[2023] EWHC 414 (Comm)
Investcom Global Limited v PLC Investments Limited & Ors
3 October 2024
[2024] EWHC 2505 (Comm)
High Court
A company got court orders to stop another company from suing it in Liberia. One lawsuit was about stopping arbitration, the other about accounting. The court let the accounting order stand, but canceled the one stopping arbitration because a different court now has jurisdiction.
Key Facts
- •Investcom Global Limited (Claimant) sought anti-suit and anti-enforcement injunctions against PLC Investments Limited, Benoni Urey, and Emanuel Shaw II (Defendants) regarding Liberian proceedings.
- •The Liberian proceedings included a petition to stay arbitration (Second Liberian Proceedings) and a petition for proper accounting (Third Liberian Proceedings).
- •The dispute stemmed from arbitration agreements in a Shareholders Agreement (SHA) and a Management and Technical Support Contract (MA).
- •The ICC Court initially fixed London as the seat of the arbitration, but later changed it to Toronto.
- •The Third Liberian Proceedings were discontinued by the Defendants.
- •The Defendants challenged the English court's jurisdiction to continue the injunctions.
Legal Principles
The High Court may grant injunctions where just and convenient.
Section 37(1) Senior Courts Act 1981
Anti-suit injunctions readily granted if arbitration clause exists, covers dispute, and no exceptional circumstances.
Aggeliki Charis Compania Maritima SA v Pagnan SpA, Merkin, Arbitration Law
Applicant must show a high degree of probability of arbitration clause breach.
Transfield Shipping Inc v Chiping Xinfa Huayu Alumina Co Ltd
In personam jurisdiction over the injunction defendant is required.
Fourie v Le Roux
Only courts of the seat of arbitration have supervisory jurisdiction.
Dicey, Morris & Collins on the Conflict of Laws, C v D, Process & Industrial Developments Ltd v Federal Republic of Nigeria
Interlocutory stage jurisdiction test is a 'good arguable case'.
Brownlie v Four Seasons Holdings Inc, Goldman Sachs International v Novo Banco SA, Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA de CV
The seat of an arbitration is primarily determined by the parties to the arbitration agreement.
Section 3 Arbitration Act 1996; Webster and Buhler Handbook
Outcomes
The English court discharged the anti-suit and anti-enforcement injunctions related to the Second Liberian Proceedings.
The ICC Court’s designation of Toronto as the seat of arbitration removed the English court's supervisory jurisdiction.
The English court maintained the injunctions related to the Third Liberian Proceedings.
The proceedings were discontinued without prejudice, and there was a risk of refiling, thus the relief continued to serve a purpose.
Similar Cases
RSM Production Corporation v Gaz du Cameroun SA
[2023] EWHC 2820 (Comm)
The Shell Petroleum Development Company of Nigeria Limited v Sunlink Energies and Resources Limited
[2023] EWHC 3135 (Comm)
G v R
[2023] EWHC 2365 (Comm)
E-Star Shipping and Trading Company Ltd v Delta Corp Shipping Ltd
[2022] EWHC 3165 (Comm)