Attempts to "relitigate" a counterclaim, already the subject of arbitration proceedings, is an abuse of process (Commercial Court) | Practical Law

Attempts to "relitigate" a counterclaim, already the subject of arbitration proceedings, is an abuse of process (Commercial Court) | Practical Law

In Swallowfalls Limited v Monaco Yachting & Technologies SAM and another [2015] EWHC 2013 (Comm), the Commercial Court considered whether to grant the claimant summary judgment and reject the defendants' counterclaim on the basis that the counterclaim had been the subject of arbitration proceedings that had been dismissed.

Attempts to "relitigate" a counterclaim, already the subject of arbitration proceedings, is an abuse of process (Commercial Court)

by Practical Law Arbitration
Published on 22 Jul 2015 • England, Wales
In Swallowfalls Limited v Monaco Yachting & Technologies SAM and another [2015] EWHC 2013 (Comm), the Commercial Court considered whether to grant the claimant summary judgment and reject the defendants' counterclaim on the basis that the counterclaim had been the subject of arbitration proceedings that had been dismissed.