EUPillar Morgan Stanley & Co International plc v China Haisheng Juice Holdings Co Ltd [2009] EWHC 2409 (Comm)

Summary

The claimant, Morgan Stanley, commenced proceedings against the defendant, China Haishing, in England. The claimant was suing for sums due under the substantive agreement. The English proceedings commenced on 13th May 2009. The claimant needed further remedies because, despite of the English jurisdiction agreement between the parties, the defendant had started suing Morgan Stanley in China. In the circumstances, the claimant sought a declaration that the defendant was bound by the jurisdiction agreement. It was further necessary for the Chinese proceedings to be injuncted, so that an anti-suit injunction was requested. On 5th October 2009, the English court granted the declaratory relief, and ordered an anti-suit injunction. Jurisdiction was exercised under the English common law. In this context, the issue of applicable law was considered, among other things. Mr Justice Teare noted: “36 […] the law applicable to CH's claim for damages against MSIP for fraudulent misrepresentation inducing CH to enter the Master Agreement is likely to be English law pursuant to Article 12 of Regulation No.864 of 2007 on the law applicable to non-contractual obligations (Rome II);” [36]