Phillip Alexander Securities and Futures Ltd v Bamberger
| Jurisdiction | England & Wales |
| Judge | Waller J,Leggatt,Morritt,Brooke L JJ. |
| Judgment Date | 12 July 1996 |
| Court | Court of Appeal (Civil Division) |
| Date | 12 July 1996 |
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19 cases
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AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC
...that this Court should do so. He submits that the decision, particularly that at first instance by Waller J, in Philip Alexander Securities and Futures Ltd v Bamberger [1997] I.L.Pr 73, should be followed. In that case a German court had refused to recognise an arbitration agreement because......
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AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC
...162 Mr White also relied on Philip Alexander Securities and Futures Limited v. Bamberger, Theele, Kefer, Riedel, Franz and Gilhaus [1997] 1 L Pr 73 (Waller J and CA). In that case the English court granted anti-suit injunctions against German consumers, restraining them from pursuing court......
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National Navigation Company v Endesa Generacion SA
...[1988] ECR 654. Marc Rich & Co AG v Societa Italiana Impianti SpAECAS (Case C-190/89) [1991] ECR I-3855. Philip Alexander Securities & Futures Ltd v Bamberger [1996] CLC 1757; [1997] IL Pr 73. Sennar, The (No. 2)WLR [1985] 1 WLR 490. Through Transport Mutual Insurance Association (Euras......
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National Navigation Company v Endesa Generacion SA [QBD (Comm)]
...academic debate; see, by way of example, Dicey, Morris & Collins 64 and Briggs & Rees 65. In Philip Alexander Securities and Futures Limited v Bamberger and Others 66, Waller J (as he then was) expressed the view (obiter) that a ruling of a foreign court in a Member State, as to the......
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1 firm's commentaries
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What's In A Name? A Salutary Tale Of Financial Instruments, Fraud And Jurisdictional Wrangling
...a party riding roughshod over the contractual dispute resolution procedure. In Philip Alexander Securities & Futures Ltd v Bamberger [1996] CLC 1757, Waller J stated "There are cases where it is in blatant disregard of an arbitration provision that a party has commenced proceedings abro......
2 books & journal articles
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THE USE AND ABUSE OF ANTI-ARBITRATION INJUNCTIONS
...at [14]. 10Toepfer International GmbH v Molino Boschi[1996] 1 Lloyd's Rep 510; Philip Alexander Securities and Futures Ltd v Bamberger[1996] CLC 1757. 11 Adrian Briggs, “Anti-Suit Injunctions and Utopian Ideals” (2004) 120 LQR 529 at 530. 12 David Joseph, Jurisdiction and Arbitration Agreem......
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ENFORCING ENGLISH JURISDICTION CLAUSES IN BILLS OF LADING
...Reynolds, supra n 57. 98 Despite a note of caution by the Court of Appeal in Phillip Alexander Securities & Futures Ltd v Bamberger[1996] CLC 1757 at 1789; Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd (The Hari Bhum) (No 1)[2005] 1 Lloyd’s Rep 67......