Med Marine v Castillo

Med Marine v Castillo

The court held that, despite the timing of the application, the claimant was entitled to an anti-suit injunction because the defendants continued proceedings in Turkey in breach of an exclusive English jurisdiction clause and no strong reasons were advanced to justify ignoring the contract.

Source-derived case information.

Parties
Claimant: Med Marine; Defendant: Conti Castillo
Jurisdiction
England and Wales
Judgment Date
20 November 2015
Procedural Posture
Application for Anti Suit Injunction / Judgment on Application
Outcome
Anti-suit injunction granted
Legal Topics
Anti Suit Injunction, Exclusive Jurisdiction Clause, Enforcement of Contractual Terms
Civil Procedure Contract Law Private International Law Anti Suit Injunction Exclusive Jurisdiction Clause Enforcement of Contractual Terms

Source-derived case record

Summary, issues, holding and outcome

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Parties

Med Marine

Claimant

Conti Castillo

Defendant

Procedural Posture

Application for Anti Suit Injunction / Judgment on Application

Legal Issues

  1. 1 Whether the English court should grant an anti-suit injunction to enforce an exclusive jurisdiction clause in favour of the English courts

Ratio Decidendi

The court held that, despite the timing of the application, the claimant was entitled to an anti-suit injunction because the defendants continued proceedings in Turkey in breach of an exclusive English jurisdiction clause and no strong reasons were advanced to justify ignoring the contract.

Court Disposition

Anti-suit injunction granted

Orders

  • Defendants are required to observe the exclusive jurisdiction clause and desist from pursuing proceedings in Turkey.