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CMA CGM -v- Hyundai Mipo Dockyard

14th Nov 2009

[2009] 1 Lloyd’s Rep. 213, [2009] 1 All ER (Comm) 568

Christopher Butcher QC and Alexander MacDonald acted in a claim under a novated shipbuilding contract for damages arising out of a breach of an arbitration agreement.

Contract – Arbitration agreement – Third party commencing tort-based litigation in France – Third party subsequently becoming party by novation to contract containing arbitration agreement – Novating party continuing French proceedings – Whether dispute in French proceedings covered by arbitration agreement – Whether continuance of French proceedings by novating party constituted breach of arbitration agreement – Whether arbitration tribunal bound by French judgment – Council Regulation (EC) No 44/2001.

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