BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
England and Wales High Court (Chancery Division) Decisions |
||
You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> AJA Registrars Ltd & Anor v AJA Europe Ltd [2020] EWHC 883 (Ch) (02 April 2020) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2020/883.html Cite as: [2021] 1 All ER 641, [2020] EWHC 883 (Ch) |
[New search] [Printable PDF version] [Help]
BUSINESS AND PROPERTY COURTS
OF ENGLAND AND WALES
INTELLECTUAL PROPERTY LIST (ChD)
SHORTER TRIALS SCHEME
(via Skype)
B e f o r e :
____________________
(1) AJA REGISTRARS LIMITED (2) HOLDING SOCOTEC S.A.S. |
Claimants |
|
- and - |
||
AJA EUROPE LIMITED |
Defendant |
____________________
2nd Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP
Tel No: 020 7067 2900 DX: 410 LDE
Email: [email protected]
Web: www.martenwalshcherer.com
MR. JONATHAN MOSS (instructed by Pannone Corporate LLP) appeared on behalf of the Defendant.
____________________
Crown Copyright ©
MR. JUSTICE FANCOURT:
"A party to an arbitration agreement against whom legal proceedings are brought (whether by way of claim or counterclaim) in respect of a matter which under the agreement is to be referred to arbitration may (upon notice to the other parties to the proceedings) apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter."
"... the Court will not exercise any jurisdiction it may have to hear and determine any dispute, controversy, difference or claim between the parties arising out of the terms of the agreement between the First Claimant and the Defendant dated 1 June 2014 or the deed of amendment of that agreement made between the First Claimant and the Defendant on 10 March 2019 (the 'Agreements') pending the final outcome of arbitral proceedings which the Defendant intends to bring against the Claimants in relation to the Agreements (the 'Arbitration') following the successful resolution of this application."
"The Parties agree to attempt to resolve any dispute, controversy, difference or claim arising out of the terms of this Mutual Cooperation Agreement ('the Dispute'), by using their best efforts to negotiate and settle amicably such Dispute. If after thirty (30) days of it arising, any such Dispute cannot be settled amicably through ordinary negotiations by senior representatives of AJA UK and the Counterpart, the Dispute may be referred to and resolved by arbitration by either Party by notice in writing to the other Party, specifying the nature of the Dispute and the point at issue."
"192. As outlined in further detail below, the Defendant intends to bring arbitral proceedings in order to resolve the dispute between the parties as to the nature of their contractual relationship and their respective rights under those contracts. In addition to the June 2014 Agreement and the 2018 deed of amendment referred to by the Claimants in this claim, the arbitration is likely to involve consideration of the other agreements referred to above.
"193. The Defendant's position is that the factual dispute in these proceedings as to whether and to what extent the Claimants gave the Defendant permission to use the AJA name or any similar name in the UK (and whether any such permission has been terminated) is a dispute between the parties on this issue and the meaning and effects of the June 2014 Agreement and the 2018 deed of amendment, and that this amounts to a dispute, controversy or claim arising out of the terms of the June 2014 Agreement and the 2018 deed of amendment, and as such falls within the provisions of the Arbitration Agreements in those agreements."
"Our client invites your clients to arbitrate with our client as regards (at least) the issues as to whether and to what extent your clients gave our client permission to use the AJA name, or any similar name in the UK (and whether any such permission has been terminated), being a dispute between the parties on this issue and the meaning and effects of the June 2014 Agreement and the 2018 deed of amendment."