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Toepfer -v- Cargill

25th Nov 1997

[1998] 1 Lloyd’s Rep. 379

David Bailey acted in this breach of arbitration agreement – anti-suit injunction

Sale of goods (c.i.f.) – Arbitration agreement – Breach – Anti-suit injunction – Sale of soya bean meal pellets – Dispute as to condition of cargo – Defendants brought emergency and substantive proceedings in French Courts – Whether disputes should have been referred to arbitration – Whether defendants in breach of arbitration agreement – Whether plaintiffs entitled to injunction restraining defendants from continuing proceedings in France – Whether art. 1.4 of Brussels Convention applicable.

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