Abstract

31 July 2007 Langley J Commercial Court [2007] EWHC 1876 [2007] ArbLR 40 Arbitration agreement--Enforcement--Stay--Multiple contracts--Confidentiality agreement containing arbitration agreement--Arbitration commenced under Confidentiality agreement--Legal proceedings commenced under other contracts--Whether to grant declaratory relief in legal proceedings to the effect that other agreements superseded confidentiality agreement (no)--Arbitration Act 1996, s 9 Arbitration agreement--Enforcement--Stay--Existence of dispute--Multiple contracts--Legal proceedings commenced under other contracts--No claim under contract containing arbitration agreement at the time legal proceedings commenced--Whether dispute (yes)--Arbitration Act 1996, s 9 No jurisdiction to grant relief that might affect merits of dispute referred to arbitration under related contracts In 2004, a Brunei company, Integra, entered into a joint venture agreement with another Brunei company, QAF, in respect of Block L, the mineral rights to which were owned by a Brunei state-owned National Petroleum Company, PB. Integra and a Canadian company, Loon, agreed to pursue the Block L project together and in March 2005, they entered into a confidentiality and non-circumvention agreement to protect Integra's technical information concerning Block L. It was governed by Texas law and subject to arbitration in Texas. Loon and Integra also concluded a letter of intent fixing a period of 45 days for Loon to decide whether