Essar Shipping Ltd v Bank of China Ltd

Essar Shipping Ltd v Bank of China Ltd

The application for an anti-suit injunction was not made promptly; the applicant's decision to delay issuing proceedings in England pending a jurisdiction challenge in China was inconsistent with established principles; the lack of promptness is so serious that the injunction would be neither just nor convenient and must be refused.

Parties
Applicant/claimant: Essar Shipping Ltd; Respondent/defendant: Bank of China Ltd
Jurisdiction
England and Wales
Judgment Date
13 November 2015
Procedural Posture
Arbitration Claim / Judgment on Application for Anti Suit Injunction
Outcome
Anti-suit injunction refused; declaration granted
Legal Topics
Anti Suit Injunction, Arbitration Agreement, Promptness in Injunctive Relief, Breach of Arbitration Agreement, Damages for Breach of Arbitration Agreement
Arbitration Shipping Law Conflict of Laws Anti Suit Injunction Arbitration Agreement Promptness in Injunctive Relief Breach of Arbitration Agreement Damages for Breach of Arbitration Agreement

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Parties

Essar Shipping Ltd

Applicant/claimant

Bank of China Ltd

Respondent/defendant

Procedural Posture

Arbitration Claim / Judgment on Application for Anti Suit Injunction

Legal Issues

  1. 1 Whether the applicant's delay in seeking an anti-suit injunction justifies refusal of the injunction
  2. 2 Whether the arbitration agreement was incorporated into the bill of lading contract
  3. 3 Whether the respondent would suffer prejudice if an injunction were granted

Ratio Decidendi

The application for an anti-suit injunction was not made promptly; the applicant's decision to delay issuing proceedings in England pending a jurisdiction challenge in China was inconsistent with established principles; the lack of promptness is so serious that the injunction would be neither just nor convenient and must be refused.

Court Disposition

Anti-suit injunction refused; declaration granted

Orders

  • Declaration that the arbitration agreement was incorporated into the bill of lading contract is granted
  • Application for anti-suit injunction is refused