Seniority Shipping Corporation SA v City Seed Crushing Industries Ltd ( m.v Joker)

Seniority Shipping Corporation SA v City Seed Crushing Industries Ltd ( m.v Joker)

The defendant was contractually obliged to arbitrate cargo damage claims in London under the Bills of Lading; pursuit of the Cargo Claim in Bangladesh was in breach of contract; the claimant's actions in Bangladesh were limited to securing release of the vessel and did not constitute submission to jurisdiction;...

Source-derived case information.

Parties
Claimant: Seniority Shipping Corporation S. A.; Defendant: City Seed Crushing Industries Ltd
Jurisdiction
England and Wales
Judgment Date
20 December 2019
Procedural Posture
Anti Suit Injunction / Final Judgment
Outcome
Claim allowed; final anti-suit injunction granted.
Legal Topics
Arbitration Clause Incorporation, Anti Suit Injunctions, Forum Selection, Bills of Lading, Jurisdiction
International Arbitration Shipping Law Contract Law Arbitration Clause Incorporation Anti Suit Injunctions Forum Selection Bills of Lading Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Seniority Shipping Corporation S. A.

Claimant

City Seed Crushing Industries Ltd

Defendant

Procedural Posture

Anti Suit Injunction / Final Judgment

Legal Issues

  1. 1 Whether the defendant is contractually bound to refer cargo damage claims to London arbitration under the Bills of Lading
  2. 2 Whether the defendant's pursuit of the Cargo Claim in Bangladesh constitutes a breach of contract
  3. 3 Whether the claimant's participation in Bangladesh proceedings amounts to submission to jurisdiction

Ratio Decidendi

The defendant was contractually obliged to arbitrate cargo damage claims in London under the Bills of Lading; pursuit of the Cargo Claim in Bangladesh was in breach of contract; the claimant's actions in Bangladesh were limited to securing release of the vessel and did not constitute submission to jurisdiction; there is no good reason not to grant a final anti-suit injunction.

Court Disposition

Claim allowed; final anti-suit injunction granted.

Orders

  • Final injunction restraining the defendant from prosecuting the Cargo Claim in Bangladesh and requiring termination of those proceedings.
  • Defendant restrained from commencing or pursuing any proceedings relating to the Bills of Lading other than in London arbitration.