CMA CGM SA v HYUNDAI MIPO DOCKYARD CO LTD

[2009] 1 Lloyd's Rep. 213

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr Justice Burton

Contract - Arbitration agreement - Third party commencing tort-based litigation in France - Third party subsequently becoming 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.