Rimpacific Navigation Inc v Daehan Shipbuilding Co Ltd (Rev 1)

Rimpacific Navigation Inc v Daehan Shipbuilding Co Ltd (Rev 1)

The Claimants have much the better of the argument on the existence of the guarantees and ostensible authority of Mr. Oh under English law. The English court has jurisdiction. The Claimants are entitled to an anti-suit injunction restraining the Defendant from pursuing Korean proceedings, as the guarantees contain an exclusive English jurisdiction clause and there is no sufficient prejudice from delay.

Parties
Claimant: Rimpacific Navigation Inc; Claimant: Wonder Enterprises Ltd; Defendant: Daehan Shipbuilding Co. Ltd
Jurisdiction
England and Wales
Judgment Date
24 November 2009
Procedural Posture
Commercial / Judgment on Jurisdiction and Anti Suit Injunction Applications
Outcome
Defendant's challenge to jurisdiction dismissed; anti-suit injunction granted to Claimants
Legal Topics
Jurisdiction, Anti Suit Injunction, Ostensible Authority, Exclusive Jurisdiction Clause, Foreign Law Evidence
Commercial Law Conflict of Laws Arbitration Jurisdiction Anti Suit Injunction Ostensible Authority Exclusive Jurisdiction Clause Foreign Law Evidence

Case Brief

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Parties

Rimpacific Navigation Inc

Claimant

Wonder Enterprises Ltd

Claimant

Daehan Shipbuilding Co. Ltd

Defendant

Procedural Posture

Commercial / Judgment on Jurisdiction and Anti Suit Injunction Applications

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claims under the guarantees
  2. 2 Whether the Claimants have a good arguable case on the existence of the guarantees
  3. 3 Whether the law and jurisdiction clause is separable from the main contract

Ratio Decidendi

The Claimants have much the better of the argument on the existence of the guarantees and ostensible authority of Mr. Oh under English law. The English court has jurisdiction. The Claimants are entitled to an anti-suit injunction restraining the Defendant from pursuing Korean proceedings, as the guarantees contain an exclusive English jurisdiction clause and there is no sufficient prejudice from delay.

Court Disposition

Defendant's challenge to jurisdiction dismissed; anti-suit injunction granted to Claimants

Orders

  • The Defendant's application challenging jurisdiction is dismissed.
  • The Claimants are granted an anti-suit injunction restraining the Defendant from pursuing proceedings in Korea, subject to submissions on the precise form of the order.