BENFORD LTD. AND ANOTHER v. LOPECAN SL

[2004] 2 Lloyd's Rep. 618

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice Morison

Contract - Set-off - Degree of connection - Claim by supplier for price of goods sold to distributor under umbrella distributorship agreement - Cross-claim by distributor for unliquidated damages for breach of distributorship agreement - Whether latter claim capable of constituting defence to former claim. Practice - Summary judgment - Claim by supplier for delivery up of goods as alternative to claim for price - Retention of title clause - Whether claimant entitled to summary relief on claim for delivery up. Contract - Jurisdiction clause providing for disputes under distributorship agreement to be referred to ICC arbitration and requiring any action arising out of order placed by distributor to be submitted to courts of supplier’s country of domicile - Supplier bringing court proceedings arising out of order placed by distributor - Whether counterclaim by distributor for unliquidated damages for breach of distributorship agreement should be stayed pending arbitration.