Vitol SA v Capri Marine Ltd & Ors (No. 2)

Vitol SA v Capri Marine Ltd & Ors (No. 2)

Capri's reliance on the Law and Litigation clause is misplaced; enforcement proceedings against third parties in Maryland are not governed by the charterparty clause. Disclosure ordered post-judgment is for the purpose of enforcement, and Vitol is entitled to use documents disclosed by Capri for enforcement in Maryland. Capri's applications for anti-suit injunction and to set aside Blair J's order are dismissed.

Parties
Claimant: Vitol S.A.; First Defendant: Capri Marine Limited; Second Defendant: Gerassimos Kalogiratos; Third Defendant: Ioannis Kalogiratos; Fourth Defendant: Maria Viaggini; Fifth Defendant: Nikolaos Koutsokostas
Jurisdiction
England and Wales
Judgment Date
09 March 2010
Procedural Posture
Commercial Court Claim / Post Judgment Enforcement Application
Outcome
Applications dismissed
Legal Topics
Anti Suit Injunction, Disclosure Orders, Enforcement of Foreign Judgments, Piercing the Corporate Veil, Use of Disclosed Documents in Foreign Proceedings
Commercial Law Civil Procedure International Enforcement Anti Suit Injunction Disclosure Orders Enforcement of Foreign Judgments Piercing the Corporate Veil Use of Disclosed Documents in Foreign Proceedings

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Parties

Vitol S.A.

Claimant

Capri Marine Limited

First Defendant

Gerassimos Kalogiratos

Second Defendant

Ioannis Kalogiratos

Third Defendant

Maria Viaggini

Fourth Defendant

Nikolaos Koutsokostas

Fifth Defendant

Procedural Posture

Commercial Court Claim / Post Judgment Enforcement Application

Legal Issues

  1. 1 Whether the Law and Litigation clause in the charterparty restrains Vitol from pursuing enforcement proceedings in Maryland
  2. 2 Whether Vitol may use documents disclosed by Capri in English proceedings for enforcement in Maryland
  3. 3 Whether the English court should set aside Blair J's order permitting use of documents in Maryland

Ratio Decidendi

Capri's reliance on the Law and Litigation clause is misplaced; enforcement proceedings against third parties in Maryland are not governed by the charterparty clause. Disclosure ordered post-judgment is for the purpose of enforcement, and Vitol is entitled to use documents disclosed by Capri for enforcement in Maryland. Capri's applications for anti-suit injunction and to set aside Blair J's order are dismissed.

Court Disposition

Applications dismissed

Orders

  • Capri's application for anti-suit injunction is dismissed.
  • Capri's application to set aside Blair J's order permitting use of documents in Maryland is dismissed.