Stay of proceedings: arbitration clauses and EU competition law

The lengthy judgment of Marcus Smith J in Microsoft Mobile OY Ltd v Sony Europe Ltd and Others [2017] EWHC 374 (Ch); [2017] 2 Lloyd's Rep 119 considers a range of complex questions on the jurisdiction of the English courts over a number of defendants. The point of greatest interest for present purposes is the applicability of an arbitration clause to a claim for damages for alleged infringement of EU competition law.

The decision considers both the scope of the clause and whether there is anything in EU law that prevents such a dispute being resolved by arbitration. The matter was made more difficult by the fact that there were other defendants who were outside the jurisdiction and not party to the arbitration clause.