AQUAVITA INTERNATIONAL SA v INDAGRO SA

AQUAVITA INTERNATIONAL SA v INDAGRO SA

The proceedings before the 2nd Civil Court in Brazil, and any similar proceedings, were not merely for interim security but involved obtaining relief final in effect and not in support of the arbitration. This constituted a breach of the arbitration agreement, justifying the continuation of the anti-suit injunction.

Parties
Claimant: Aquavita International SA; Defendant: Indagro SA
Jurisdiction
England and Wales
Judgment Date
12 April 2022
Procedural Posture
Commercial Court Arbitration/anti Suit Injunction / Return Date Hearing for Continuation of Anti Suit Injunction
Outcome
Anti-suit injunction continued
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Jurisdiction, Interim Relief
Arbitration Commercial Law Conflict of Laws Anti Suit Injunctions Arbitration Agreements Jurisdiction Interim Relief

Case Brief

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 3 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Aquavita International SA

Claimant

Indagro SA

Defendant

Procedural Posture

Commercial Court Arbitration/anti Suit Injunction / Return Date Hearing for Continuation of Anti Suit Injunction

Legal Issues

  1. 1 Whether proceedings commenced by Indagro in Brazil constitute a breach of the arbitration agreement in the Charterparty
  2. 2 Whether an anti-suit injunction should be continued to restrain such proceedings

Ratio Decidendi

The proceedings before the 2nd Civil Court in Brazil, and any similar proceedings, were not merely for interim security but involved obtaining relief final in effect and not in support of the arbitration. This constituted a breach of the arbitration agreement, justifying the continuation of the anti-suit injunction.

Court Disposition

Anti-suit injunction continued

Orders

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