Euronav Shipping NV v Black Swan Petroleum DMCC

Euronav Shipping NV v Black Swan Petroleum DMCC

Although Euronav established a high probability that a binding arbitration agreement exists and that BSP is bound by it via sub-bailment on terms, the English court should not grant the anti-anti-arbitration injunction at this stage as a matter of discretion, principally due to comity with the Malaysian courts, Euronav's voluntary submission to Malaysian jurisdiction, the risk of duplicative proceedings, and Euronav's delay. The application is adjourned with liberty to restore after the Malaysian appeal is determined.

Parties
Claimant: Euronav Shipping NV; Defendant: Black Swan Petroleum DMCC
Jurisdiction
England and Wales
Judgment Date
26 April 2024
Procedural Posture
Commercial Court Application (anti Anti Arbitration Injunction) / Inter Partes Hearing of Application for Anti Anti Arbitration Injunction
Outcome
Application adjourned with liberty to restore after Malaysian appeal; no injunction granted at this stage.
Legal Topics
Anti Arbitration Injunctions, Sub Bailment, Jurisdiction, Comity, Arbitration Agreements
Commercial Law Arbitration Conflict of Laws Anti Arbitration Injunctions Sub Bailment Jurisdiction Comity Arbitration Agreements

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Parties

Euronav Shipping NV

Claimant

Black Swan Petroleum DMCC

Defendant

Procedural Posture

Commercial Court Application (anti Anti Arbitration Injunction) / Inter Partes Hearing of Application for Anti Anti Arbitration Injunction

Legal Issues

  1. 1 Whether there is a binding arbitration agreement between Euronav and BSP
  2. 2 Whether BSP's anti-arbitration application in Malaysia is a breach of the arbitration agreement
  3. 3 Whether the English court should grant an anti-anti-arbitration injunction restraining BSP from pursuing the Malaysian anti-arbitration injunction

Ratio Decidendi

Although Euronav established a high probability that a binding arbitration agreement exists and that BSP is bound by it via sub-bailment on terms, the English court should not grant the anti-anti-arbitration injunction at this stage as a matter of discretion, principally due to comity with the Malaysian courts, Euronav's voluntary submission to Malaysian jurisdiction, the risk of duplicative proceedings, and Euronav's delay. The application is adjourned with liberty to restore after the Malaysian appeal is determined.

Court Disposition

Application adjourned with liberty to restore after Malaysian appeal; no injunction granted at this stage.

Orders

  • Euronav's application for an anti-anti-arbitration injunction is adjourned with liberty to restore following final determination of its appeal in Malaysia.