CMA CGM SA v HYUNDAI MIPO DOCKYARD CO LTD
[2009] Lloyd's Rep Plus 4
QUEEN’S BENCH DIVISION (COMMERCIAL COURT)
Before Mr Justice Burton
Contract – Arbitration agreement – Third party
commencing tort-based litigation in France – Third party subsequently become
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.