Stay of proceedings: scope of arbitration clause

Sabbagh v Khoury and Others [2017] EWCA Civ 1120 is a very lengthy decision of the Court of Appeal concerning the jurisdiction of the English court to join third parties outside England to proceedings against a defendant domiciled in England. The key issues arose under the Brussels Regulation, Council Regulation 44/2001/EC.

The replacement provision, the Brussels Regulation Recast, Council Regulation 1215/2012/EU, was not in force at the relevant date. There was, however, no material difference between the two Regulations on the relevant matters. The interest of the case for present purposes concerns arbitration clauses in the agreements under consideration.