MSC Mediterranean Shipping Company S.A. & Ors v Interglobal Technologies Limited & Ors

MSC Mediterranean Shipping Company S.A. & Ors v Interglobal Technologies Limited & Ors

Interglobal, as consignee under the Bills of Lading, is bound by the MSC Terms including the exclusive jurisdiction clause in favour of the English courts and English law by operation of COGSA 1992. Nigerian law and forum non conveniens are irrelevant to the validity of the jurisdiction clause. There are no strong reasons to set aside the anti-suit injunction. The anti-anti-suit injunction is justified due to real risk of further proceedings in Nigeria interfering with the English proceedings. There was no failure to give full and frank disclosure.

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
17 June 2025
Procedural Posture
Commercial Court Application / Interlocutory Judgment on Anti Suit Injunction and Anti Anti Suit Injunction
Outcome
Interglobal's application to set aside the interim anti-suit injunction is dismissed. The anti-suit injunction is continued to trial. The anti-anti-suit injunction is granted. Costs awarded to Claimants on indemnity basis.
Legal Topics
Anti Suit Injunctions, Exclusive Jurisdiction Clauses, Carriage of Goods by Sea Act 1992, Contractual Interpretation, Full and Frank Disclosure, Forum Non Conveniens, Submission to Jurisdiction
Shipping International Commercial Law Conflict of Laws Anti Suit Injunctions Exclusive Jurisdiction Clauses Carriage of Goods by Sea Act 1992 Contractual Interpretation Full and Frank Disclosure +2 more

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 6 Authorities cited 23 Party arguments 2 Amounts and remedies 7
Sign in to unlock

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 / Interlocutory Judgment on Anti Suit Injunction and Anti Anti Suit Injunction

Legal Issues

  1. 1 Whether the Bills of Lading included the MSC Terms and exclusive jurisdiction clauses
  2. 2 Whether Interglobal was bound by the MSC Terms and jurisdiction clauses
  3. 3 Whether there are strong reasons to set aside the interim anti-suit injunction

Ratio Decidendi

Interglobal, as consignee under the Bills of Lading, is bound by the MSC Terms including the exclusive jurisdiction clause in favour of the English courts and English law by operation of COGSA 1992. Nigerian law and forum non conveniens are irrelevant to the validity of the jurisdiction clause. There are no strong reasons to set aside the anti-suit injunction. The anti-anti-suit injunction is justified due to real risk of further proceedings in Nigeria interfering with the English proceedings. There was no failure to give full and frank disclosure.

Court Disposition

Interglobal's application to set aside the interim anti-suit injunction is dismissed. The anti-suit injunction is continued to trial. The anti-anti-suit injunction is granted. Costs awarded to Claimants on indemnity basis.

Orders

  • Interim anti-suit injunction continued to trial
  • Interim anti-anti-suit injunction granted restraining Defendants from bringing proceedings in Nigeria interfering with the ASI