Tryggingarfelagio Foroyar P/F v CPT Empresas Maritimas SA

Tryggingarfelagio Foroyar P/F v CPT Empresas Maritimas SA

The agreement between the parties incorporated the BIMCO Wreckhire form, including the arbitration clause, as evidenced by the communications, conduct, and absence of objection to standard terms. CPT is entitled to a permanent anti-suit injunction restraining TF from pursuing proceedings in Chile.

Parties
Claimant: Tryggingarfelagio Foroyar P/F; Defendant: CPT Empresas Maritimas S. A.
Jurisdiction
England and Wales
Judgment Date
16 March 2011
Procedural Posture
Jurisdiction Dispute / Final Judgment
Outcome
Permanent anti-suit injunction granted; CPT entitled to restrain TF from pursuing Chilean proceedings.
Legal Topics
Arbitration Agreement, Jurisdiction, Contract Formation, Standard Contract Terms, Salvage Operations
Commercial Law Arbitration Maritime Law Arbitration Agreement Jurisdiction Contract Formation Standard Contract Terms Salvage Operations

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Parties

Tryggingarfelagio Foroyar P/F

Claimant

CPT Empresas Maritimas S. A.

Defendant

Procedural Posture

Jurisdiction Dispute / Final Judgment

Legal Issues

  1. 1 Whether the contract between the parties incorporated the BIMCO Wreckhire arbitration clause
  2. 2 Whether the dispute should be resolved in Chilean courts or by arbitration in England

Ratio Decidendi

The agreement between the parties incorporated the BIMCO Wreckhire form, including the arbitration clause, as evidenced by the communications, conduct, and absence of objection to standard terms. CPT is entitled to a permanent anti-suit injunction restraining TF from pursuing proceedings in Chile.

Court Disposition

Permanent anti-suit injunction granted; CPT entitled to restrain TF from pursuing Chilean proceedings.

Orders

  • Permanent anti-suit injunction issued against TF
  • Jurisdiction confirmed for arbitration in England under BIMCO Wreckhire terms