Ecobank Transnational v Tanoh [2015] EWCA Civ 1309

This case provides a helpful review of the law on anti-enforcement injunctions. It also emphasizes the dangers of delay in applying for injunctive relief in a jurisdictional context.

The facts: Mr Tanoh was employed by Ecobank under an Executive Employment Agreement (EEA), providing for London arbitration under UNCITRAL Rules.   After the termination of his employment, Mr Tanoh commenced proceedings against Ecobank before a Labour Tribunal in the Togolese Republic in April 2014 for unfair dismissal, and before Adidjan Commercial Court in Cote D’Ivoire in May 2014 for defamation. Ecobank challenged jurisdiction in each set of proceedings, but was unsuccessful. Ecobank also lost on the substance in both cases, and began appeals.

Ecobank did not seek an anti-suit injunction in the English courts, based on breach of the arbitration argument, to try to stop either the Togolese or the Ivorian proceedings. Continue reading