Vitol Bahrain EC v Nasdec General Trading Llc & Ors [2013] EWHC 3359 (Comm) (01 November 2013)

Vitol Bahrain EC v Nasdec General Trading Llc & Ors [2013] EWHC 3359 (Comm) (01 November 2013)

The anti-suit injunction should not continue because England is not the natural forum for the dispute over title to the oil cargoes; the UAE is the appropriate forum as the parties, evidence, and subject matter are located there, and there is no exclusive jurisdiction agreement between Vitol and Fal Oil. There is no sufficient basis to find Fal Oil's conduct vexatious or in bad faith, nor is the claim in Fujairah plainly hopeless.

Citation
[2013] EWHC 3359 (Comm)
Parties
Claimant: Vitol Bahrain EC; Defendant: Nasdec General Trading LLC; Defendant: Fal Oil Company Limited, Dubai; Defendant: Fal Oil Company Limited, Sharjah; Defendant: Standard Chartered Bank
Jurisdiction
England and Wales
Judgment Date
01 November 2013
Procedural Posture
Commercial Court Application for Continuation of Anti Suit Injunction / Application to Continue Interim Injunction
Outcome
Application dismissed
Legal Topics
Anti Suit Injunctions, Jurisdiction, Forum Non Conveniens, Contractual Warranties, Title to Goods
Private International Law Commercial Law Conflict of Laws Anti Suit Injunctions Jurisdiction Forum Non Conveniens Contractual Warranties Title to Goods

Case Brief

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Parties

Vitol Bahrain EC

Claimant

Nasdec General Trading LLC

Defendant

Fal Oil Company Limited, Dubai

Defendant

Fal Oil Company Limited, Sharjah

Defendant

Standard Chartered Bank

Defendant

Procedural Posture

Commercial Court Application for Continuation of Anti Suit Injunction / Application to Continue Interim Injunction

Legal Issues

  1. 1 Whether the English court should continue an anti-suit injunction restraining Fal Oil from pursuing proceedings against Vitol in Fujairah, UAE
  2. 2 Whether Fal Oil's attempt to join Vitol to the Fujairah proceedings is vexatious or oppressive
  3. 3 Whether England is the natural forum for the dispute over title to the oil cargoes

Ratio Decidendi

The anti-suit injunction should not continue because England is not the natural forum for the dispute over title to the oil cargoes; the UAE is the appropriate forum as the parties, evidence, and subject matter are located there, and there is no exclusive jurisdiction agreement between Vitol and Fal Oil. There is no sufficient basis to find Fal Oil's conduct vexatious or in bad faith, nor is the claim in Fujairah plainly hopeless.

Court Disposition

Application dismissed

Orders

  • The anti-suit injunction granted by Cooke J is not continued.