Commercial Court grants mandatory injunction where conflicting agreements on jurisdiction and arbitration

Dan Tench

In AmTrust Europe Ltd v Trust Risk Group SpA, the claimant sought an interim mandatory injunction requiring the defendant to pay €32 million into a trust account.  The defendant challenged the jurisdiction of the court.  There were two separate different agreements between the parties with differing provisions as regards jurisdiction and arbitration.  Mr Justice Blair in the the Commercial Court held on the facts that there was “a good arguable case” that the English court had jurisdiction and granted the injunction.

The case turned on its own facts but it is a useful reminder that “a good arguable case” is the test for establishing jurisdiction on an application for an injunction as well as the broader merits of the case (see Canada Trust Co v Stolzenburg (No.2) [1997] EWCA Civ 2592) .

AmTrust Europe Ltd v Trust Risk Group SpA [2014] EWHC 4169 (Comm)

 

Post By Dan Tench (8 Posts)

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