DEUTSCHE BANK AG V HIGHLAND CRUSADER OFFSHORE PARTNERS LP

[2009] EWHC 730 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Burton, 3 April 2009

Jurisdiction – Non-exclusive jurisdiction clause in favour of England – Respondent commencing proceedings in Texas – Applicant commencing proceedings in England – Whether anti-suit injunction should be granted

DB claimed that HC was indebted to it in the sum of more than US$70 million under three finance agreements. The agreements contained English choice of law and non-exclusive English jurisdiction clauses. HC commenced proceedings in Texas for negative declaratory relief and also alleging fraudulent misrepresentation. Shortly afterwards DB commenced proceedings in England. The Texas court dismissed DB’s application for a stay. Burton J held that where there was a non-exclusive jurisdiction clause in favour of England, the parties should be held to their bargain, so that an anti-suit injunction would be issued to restrain HC from proceeding with the action in Texas.