Sotrade Denizcilik Sanayi VE Ticaret AS v Amadou Lo & Ors [2008] EWHC 2762 (Comm) (19 November 2008)

Sotrade Denizcilik Sanayi VE Ticaret AS v Amadou Lo & Ors [2008] EWHC 2762 (Comm) (19 November 2008)

AXA Senegal, with knowledge of the London arbitration clause incorporated in the bills of lading, intentionally used the arrest of the vessel in Senegal to force the Owners to submit to Senegalese jurisdiction, thereby procuring a breach of the arbitration agreement. This conduct was actionable and gave rise to...

Source-derived case information.

Citation
[2008] EWHC 2762 (Comm)
Parties
Claimant: Sotrade Denizcilik Sanayi VE Ticaret A.S.; Defendant: Amadou Lo; Defendant: Tiger Denrees Senegal; Defendant: AXA Assurance Senegal; Defendant: AXA France Assurance S.A.
Jurisdiction
England and Wales
Judgment Date
19 November 2008
Procedural Posture
Commercial Court Claim / Judgment After Trial
Outcome
Judgment for the Claimant against AXA Senegal
Legal Topics
Arrest of Ships, Breach of Arbitration Agreement, Procurement of Breach of Contract, Damages, Anti Suit Injunctions
Commercial Law Maritime Law Arbitration Conflict of Laws Arrest of Ships Breach of Arbitration Agreement Procurement of Breach of Contract Damages +1 more

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Parties

Sotrade Denizcilik Sanayi VE Ticaret A.S.

Claimant

Amadou Lo

Defendant

Tiger Denrees Senegal

Defendant

AXA Assurance Senegal

Defendant

AXA France Assurance S.A.

Defendant

Procedural Posture

Commercial Court Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the bills of lading incorporated a London arbitration clause
  2. 2 Whether the arrest of the vessel in Senegal breached the arbitration agreement
  3. 3 Whether AXA Senegal procured or induced breach of contract

Ratio Decidendi

AXA Senegal, with knowledge of the London arbitration clause incorporated in the bills of lading, intentionally used the arrest of the vessel in Senegal to force the Owners to submit to Senegalese jurisdiction, thereby procuring a breach of the arbitration agreement. This conduct was actionable and gave rise to liability for damages for losses suffered as a result of the wrongful procurement of breach of contract.

Court Disposition

Judgment for the Claimant against AXA Senegal

Orders

  • AXA Senegal to pay damages to the Claimant in the sum of US$27,505.19 and €5,145.00
  • Final injunction restraining AXA Senegal from commencing or continuing proceedings relating to the bills of lading other than before a London arbitration tribunal