L.J.H. Ltd v Maundays Bay Management Ltd

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: Saunders, J
• Judgment Date: 10 October 2000
• Neutral Citation: AI 2000 HC 8
• Docket Number: Civil Suit No. 98 OF 2000
• Date: 10 October 2000

High Court

Saunders, J.

Civil Suit No. 98 OF 2000

L.J.H. Ltd.

and

Maundays Bay Management Ltd.

Appearances:

Ms. P. Webster for the plaintiff

Mr. P. Patterson for the defendant

Injunction - Application for injunction restraining defendant from possessing gift shop — Whether application made to avoid the consequences of an arbitration decision made in New York.

Saunders, J

1 The plaintiff company (“LJH”) has for some years operated a gift shop in premises in Anguilla controlled by the defendant (“MBM”). The arrangement between the parties was embodied in an agreement of 17 ^th September, 1996. The agreement contained an arbitration clause. The parties thereby agreed that “all claims, disputes, and other matters in question between [them] which arise out of or relate to this agreement or any alleged breach, termination or validity hereof shall be finally determined by arbitration…” The arbitration was to be governed by the Federal Arbitration Act 9 U.S.C. Paragraphs 1 - 16.

2 Differences arose between the parties and they proceeded to arbitration in the United States. In March, 2000 a panel of three arbitrators, having heard both sides, gave their decision. The brief Award states that

“based upon the submissions of the parties and the stipulation of facts, the arbitrators have determined that a hearing in this matter is not necessary and they have determined that the agreement dated September 17, 1996 between Maundays Bay Management and LJH Limited is invalid”.

3 LJH is naturally dissatisfied with this decision. They have done two things in the face of MBM's active steps to reclaim possession of the Gift Shop. Firstly, LJH have petitioned the court in the State of New York to vacate the...