Weissfisch v Julius and Ors
Abstract
8 March 2006 Lord Phillips CJ, Sir Anthony Clarke MR, and Moses LJ Court of Appeal [2006] EWCA Civ 218 [2006] ArbLR 64 Arbitrator--Appointment--Parties appointing arbitrator who acted for them as solicitor--Seat of arbitration Switzerland--Application for interim injunction restraining arbitrator--Whether arbitration agreement void for misrepresentation (no)--Whether English courts had jurisdiction to issue injunction (yes)--Whether exceptional circumstances present (no)--Whether to issue interim injunction to restrain arbitrator (no) Order restraining arbitrator sitting in foreign jurisdiction requires exceptional circumstances Disputes arose between two brothers, Amir and Rami Weissfisch, who traded in metals through a group of companies some of which were owned by a trust administered by a trustee, Phillip Davis. Anthony Julius, a solicitor who acted for the group of companies and for each of the brothers, attempted to mediate the disputes. The brothers, Mr Davis and Mr Julius subsequently entered into an arbitration agreement appointing Mr Julius as arbitrator. The seat of arbitration was Switzerland and the governing law was Swiss law. During the arbitration, Amir Weissfisch applied to English courts for an interim injunction restraining the arbitrator from acting. Amir Weissfisch contended that the arbitration agreement was void because it had been procured by misrepresentation. He also contended