Judgment in Melford Capital Partners (Holdings) LLP v Frederick Wingfield Digby
(1) MELFORD CAPITAL PARTNERS (HOLDINGS) LLP and 12 others v FREDERICK JOHN WINGFIELD DIGBY [2021] EWHC 872 (Ch)
Philip was leading counsel for the Melford group of LLPs and companies on their successful applications to stay a Counterclaim brought by a former partner in the LLPs Frederick Wingfield Digby in breach of
(1) a Guernsey law and jurisdiction clause in an LLP partnership agreement and (2) a London LCIA arbitration agreement in a related LLP agreement.
The significance of this judgment is that it examines in detail
(a) what does and does not qualify as strong reasons for not enforcing express choice of law and jurisdiction clauses in commercial contracts in general and an LLP agreement in particular;
(b) the factors relevant on an application under s.9(1) of the Arbitration Act 1996 to stay legal proceedings, including a Counterclaim, in favour of arbitration;
(c) what will amount to a waiver of an exclusive jurisdiction clause or an arbitration agreement;
(d) how the Court will resolve the apparent inconsistency in an agreement that contains both an exclusive English law and High Court jurisdiction clause and an arbitration agreement that extends to all disputes also taking into account authority from the United States.
Philip was instructed by Andy Kerman and Robert Payton of Armstrong Teasdale LLP and worked closely with Elaine Gray and Julia Schiffer of Carey Olsen LLP
