WELEX A.G. v. ROSA MARITIME LTD. (THE “EPSILON ROSA”) (NO. 2) [2002] EWHC 2035 (Comm)

[2002] 2 Lloyd's Rep. 701

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice David Steel

Arbitration - Arbitration clause - Incorporation - Anti-suit injunction - Earlier proceedings held clause incorporated on assumption English law applied by virtue of art. 8(1) of Rome Convention - Whether claimant could rely on Ukraine or Swiss law to establish it did not consent to incorporation by virtue of art. 8(2) of Rome Convention - Whether defendants entitled to anti-suit injunction to restrain proceedings otherwise than by arbitration.