Star Reefers Pool Inc v JFC Group Co Ltd
England is the natural forum as English law governs the guarantees and relevant evidence is in England. The Defendant's commencement of Russian proceedings was vexatious and oppressive, aiming to frustrate resolution in England. The anti-suit injunction was properly granted and should be continued.
- Parties
- Claimant: Star Reefers Pool Inc.; Defendant: JFC Group Co. Ltd.
- Jurisdiction
- England and Wales
- Judgment Date
- 23 November 2010
- Procedural Posture
- Commercial Court Application / Application to Continue Anti Suit Injunction
- Outcome
- Anti-suit injunction continued
- Legal Topics
- Anti Suit Injunctions, Jurisdiction, Choice of Law, Arbitration Agreements
Case Brief
Summary, issues, holding and outcome
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Parties
Star Reefers Pool Inc.
Claimant
JFC Group Co. Ltd.
Defendant
Procedural Posture
Commercial Court Application / Application to Continue Anti Suit Injunction
Legal Issues
- 1 Whether the English court is the natural forum for the dispute
- 2 Whether the Defendant's conduct in commencing Russian proceedings is vexatious, oppressive, or unconscionable
- 3 Whether the court has power to permit service of the anti-suit injunction application out of jurisdiction
Ratio Decidendi
England is the natural forum as English law governs the guarantees and relevant evidence is in England. The Defendant's commencement of Russian proceedings was vexatious and oppressive, aiming to frustrate resolution in England. The anti-suit injunction was properly granted and should be continued.
Court Disposition
Anti-suit injunction continued
Orders
- Defendant restrained from pursuing or taking further steps in Russian proceedings
Full Case Text
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