MSC Mediterranean Shipping Company SA & Ors v Interglobal Technologies Ltd & Ors [2025] EWHC 1464 (Comm) (01 May 2025)

MSC Mediterranean Shipping Company SA & Ors v Interglobal Technologies Ltd & Ors [2025] EWHC 1464 (Comm) (01 May 2025)

The Defendants are bound by the exclusive English jurisdiction and law clauses in the bills of lading by operation of English law and the Carriage of Goods by Sea Act 1992. The Nigerian proceedings are in breach of those clauses. There are no strong reasons to refuse or set aside the anti-suit injunction: Nigerian law is irrelevant to the validity of the jurisdiction clause; the Claimants have not submitted to Nigerian jurisdiction; and there was no material failure of disclosure. The anti-suit injunction is continued and an anti-anti-suit injunction is granted to restrain further Nigerian proceedings interfering with the English court's orders.

Citation
[2025] EWHC 1464 (Comm)
Parties
Claimant: MSC Mediterranean Shipping Company S. A.; Claimant: Mediterranean Shipping Company Nigeria Ltd; Claimant: MV MSC Lipsia III; Defendant: Interglobal Technologies Limited; Defendant: Interglobal Construction Ltd; Defendant: Zhengzhou Sanqgroup Machinery and Equipment Co. Ltd
Jurisdiction
England and Wales
Judgment Date
01 May 2025
Procedural Posture
Commercial Court Application (anti Suit Injunction and Anti Anti Suit Injunction) / Adjourned Return Date Hearing on Interim Injunctions
Outcome
Interim anti-suit injunction continued to trial; anti-anti-suit injunction granted; Defendants' application to discharge/set aside refused.
Legal Topics
Anti Suit Injunctions, Jurisdiction Clauses, Carriage of Goods by Sea, Enforcement of Foreign Judgments, Full and Frank Disclosure, Forum Non Conveniens
Commercial Law Shipping Law Conflict of Laws Civil Procedure Anti Suit Injunctions Jurisdiction Clauses Carriage of Goods by Sea Enforcement of Foreign Judgments +2 more

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Parties

MSC Mediterranean Shipping Company S. A.

Claimant

Mediterranean Shipping Company Nigeria Ltd

Claimant

MV MSC Lipsia III

Claimant

Interglobal Technologies Limited

Defendant

Interglobal Construction Ltd

Defendant

Zhengzhou Sanqgroup Machinery and Equipment Co. Ltd

Defendant

Procedural Posture

Commercial Court Application (anti Suit Injunction and Anti Anti Suit Injunction) / Adjourned Return Date Hearing on Interim Injunctions

Legal Issues

  1. 1 Whether the English court should continue an interim anti-suit injunction restraining Nigerian proceedings in breach of an exclusive jurisdiction clause in English law bills of lading
  2. 2 Whether the defendants are bound by the exclusive jurisdiction clause in the bills of lading
  3. 3 Whether there are strong reasons to refuse or set aside the anti-suit injunction, including arguments based on Nigerian law, forum non conveniens, or alleged submission to Nigerian jurisdiction

Ratio Decidendi

The Defendants are bound by the exclusive English jurisdiction and law clauses in the bills of lading by operation of English law and the Carriage of Goods by Sea Act 1992. The Nigerian proceedings are in breach of those clauses. There are no strong reasons to refuse or set aside the anti-suit injunction: Nigerian law is irrelevant to the validity of the jurisdiction clause; the Claimants have not submitted to Nigerian jurisdiction; and there was no material failure of disclosure. The anti-suit injunction is continued and an anti-anti-suit injunction is granted to restrain further Nigerian proceedings interfering with the English court's orders.

Court Disposition

Interim anti-suit injunction continued to trial; anti-anti-suit injunction granted; Defendants' application to discharge/set aside refused.

Orders

  • The interim anti-suit injunction restraining the Defendants from pursuing the Nigerian proceedings is continued until trial or further order.
  • The Defendants are restrained from bringing or pursuing any proceedings in Nigeria seeking to restrain, terminate, sanction, or otherwise interfere with the English anti-suit injunction (anti-anti-suit injunction granted).