A v B [2020] EWHC 3657 (Comm) (02 December 2020)

A v B [2020] EWHC 3657 (Comm) (02 December 2020)

The bills of lading clearly incorporated the English law and London arbitration clause from the charterparty; the defendant, as holder and receiver, is bound by that clause; by commencing proceedings in China, the defendant breached the arbitration agreement; the claimant acted promptly in seeking anti-suit relief before the Chinese proceedings advanced on the merits; there are no strong reasons to refuse the injunction; therefore, a final anti-suit injunction is granted.

Citation
[2020] EWHC 3657 (Comm)
Parties
Claimant: A; Defendant: B
Jurisdiction
England and Wales
Judgment Date
02 December 2020
Procedural Posture
Commercial Court (qbd) Application for Final Anti Suit Injunction / Judgment on Application for Final Anti Suit Injunction
Outcome
Final anti-suit injunction granted in favour of the claimant.
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Jurisdiction, Incorporation of Charterparty Terms, Delay in Seeking Relief
Arbitration Shipping Law Conflict of Laws Anti Suit Injunctions Arbitration Agreements Jurisdiction Incorporation of Charterparty Terms Delay in Seeking Relief

Case Brief

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Parties

A

Claimant

B

Defendant

Procedural Posture

Commercial Court (qbd) Application for Final Anti Suit Injunction / Judgment on Application for Final Anti Suit Injunction

Legal Issues

  1. 1 Whether a London arbitration clause is incorporated into the contract of carriage evidenced by the bills of lading
  2. 2 Whether the defendant is bound by the arbitration clause as holder of the bills of lading
  3. 3 Whether the defendant is in breach of the arbitration agreement by commencing proceedings in China

Ratio Decidendi

The bills of lading clearly incorporated the English law and London arbitration clause from the charterparty; the defendant, as holder and receiver, is bound by that clause; by commencing proceedings in China, the defendant breached the arbitration agreement; the claimant acted promptly in seeking anti-suit relief before the Chinese proceedings advanced on the merits; there are no strong reasons to refuse the injunction; therefore, a final anti-suit injunction is granted.

Court Disposition

Final anti-suit injunction granted in favour of the claimant.

Orders

  • The defendant is restrained from continuing or further pursuing the claim commenced in the Qingdao Maritime Court, China, or any other claim in relation to disputes arising under or in respect of the two bills of lading dated 13 June 2019, in breach of the London arbitration clause.