In Albon (trading as N A Carriage Co) v Naza Motor Trading SDN BHD and another – Butterworths Law Direct 31.7.07 (reported previously in the February and March 2007 bulletins) the fundamental issue between the parties was whether the underlying contract between the parties was an oral agreement made in England subject to English law or a joint venture agreement (JVA) signed by the parties in Malaysia governed by Malaysian law. The Defendant had commenced arbitration proceedings in Malaysia. The Claimant alleged that the JVA was a forgery and the court had to decide whether the issue of the authenticity of the JVA should be determined by the English court or in the arbitration proceedings. The court held that it should be tried in England. The Claimant applied for an injunction against the Defendant restraining it from taking any further steps in the arbitration proceedings pending judgment on the authenticity of the JVA.
The Chancery court ruled that the court had jurisdiction to grant the injunction sought, since the Claimant's claim fell within CPR 6.20(5), which provided that a claim form might be served out of the jurisdiction with the permission of the court if a claim was made 'in respect of a contract' where the contract was governed by English law. The grant of an anti-suit injunction in connection with a contract governed by English law was a claim made in respect of the latter contract.