TOEPFER INTERNATIONAL G.m.b.H. v. SOCIÉTÉ CARGILL FRANCE

[1998] 1 Lloyd's Rep. 379

COURT OF APPEAL

Before Lord Justice Staughton Lord Justice Phillips and Lord Justice Robert Walker

Sale of goods (c.i.f.) - Arbitration agreement - Breach - Anti-suit injunction - Sale of soya bean meal pellets - Dispute as to condition of cargo - Defendants brought emergency and substantive proceedings in French Courts - Whether disputes should have been referred to arbitration - Whether defendants in breach of arbitration agreement - Whether plaintiffs entitled to injunction restraining defendants from continuing proceedings in France - Whether art. 1.4 of Brussels Convention applicable.