Aquavita International SA v Indagro SA [2022] EWHC 892 (Comm) (12 April 2022)

Aquavita International SA v Indagro SA [2022] EWHC 892 (Comm) (12 April 2022)

The Brazilian proceedings sought substantive relief that was final in effect and not merely interim security or holding relief in support of arbitration. Such proceedings constituted a breach of the arbitration agreement, justifying the continuation of the anti-suit injunction.

Citation
[2022] EWHC 892 (Comm)
Parties
Claimant: AQUAVITA INTERNATIONAL SA; Defendant: INDAGRO SA
Jurisdiction
England and Wales
Judgment Date
12 April 2022
Procedural Posture
Commercial Court Anti Suit Injunction Application / Return Date Hearing on Continuation of Interim Anti Suit Injunction
Outcome
Anti-suit injunction continued; relief granted to restrain further Brazilian proceedings in breach of arbitration agreement.
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Jurisdiction, Interim Relief, Charterparty Disputes
Arbitration Commercial Law Shipping Law Anti Suit Injunctions Arbitration Agreements Jurisdiction Interim Relief Charterparty Disputes

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Parties

AQUAVITA INTERNATIONAL SA

Claimant

INDAGRO SA

Defendant

Procedural Posture

Commercial Court Anti Suit Injunction Application / Return Date Hearing on Continuation of Interim Anti Suit Injunction

Legal Issues

  1. 1 Whether proceedings commenced by Indagro in Brazil breached the English arbitration agreement in the charterparty
  2. 2 Whether the anti-suit injunction should be continued to restrain further proceedings in Brazil

Ratio Decidendi

The Brazilian proceedings sought substantive relief that was final in effect and not merely interim security or holding relief in support of arbitration. Such proceedings constituted a breach of the arbitration agreement, justifying the continuation of the anti-suit injunction.

Court Disposition

Anti-suit injunction continued; relief granted to restrain further Brazilian proceedings in breach of arbitration agreement.

Orders

  • Continuation of anti-suit injunction restraining Indagro from commencing or pursuing further proceedings in Brazil relating to the cargo in breach of the arbitration agreement.