Happy Shipping Ltd v Marine Shipping Company Ltd [2021] EWHC 2641 (Comm) (09 September 2021)

The court found that the correspondence between the parties did not amount to a binding exclusive jurisdiction agreement. The language of the emails indicated intention to be bound only upon execution of the ASG 2 form, and no acceptance of the offer was established. Therefore, the application for an anti-suit injunction was refused.

Citation: [2021] EWHC 2641 (Comm)
Parties: Claimant/applicant: Happy Shipping Limited; Defendant/respondent: Marine Shipping Company Limited
Jurisdiction: England and Wales
Judgment Date: 09 September 2021
Procedural Posture: Application for Interim Anti Suit Injunction / Judgment on Application
Outcome: Application refused
Legal Topics: Anti Suit Injunctions, Jurisdiction Agreements, Collision Claims, Security for Claims

Commercial Law Maritime Law Civil Procedure Anti Suit Injunctions Jurisdiction Agreements Collision Claims Security for Claims

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Parties

Happy Shipping Limited

Claimant/applicant

Marine Shipping Company Limited

Defendant/respondent

Procedural Posture

Application for Interim Anti Suit Injunction / Judgment on Application

Legal Issues

1 Whether an exclusive jurisdiction agreement was concluded between the parties
2 Whether strong reasons exist to refuse an anti-suit injunction
3 Whether justice requires conditions on any injunction due to time bar and loss of security

Ratio Decidendi

Court Disposition

Application refused