Verity Shipping SA ("Owners") & Anor v NVNorexa & Ors
The anti-suit injunction should not be continued because the Owners delayed seeking relief and there is a risk of inconsistent decisions causing injustice to a third party (FAVV), both of which constitute strong cause for refusing the injunction.
- Parties
- Claimant: Verity Shipping S.A.; Claimant: Chartworld Shipping Corporation; Defendant: N.V. Norexa and Others
- Jurisdiction
- England and Wales
- Judgment Date
- 13 February 2008
- Procedural Posture
- Commercial Court Application / Application to Continue Anti Suit Injunction
- Outcome
- Application to continue anti-suit injunction refused
- Legal Topics
- Anti Suit Injunctions, Arbitration Clauses, Jurisdiction, Delay in Seeking Relief, Time Bar Under Hague Rules
Case Brief
Summary, issues, holding and outcome
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Parties
Verity Shipping S.A.
Claimant
Chartworld Shipping Corporation
Claimant
N.V. Norexa and Others
Defendant
Procedural Posture
Commercial Court Application / Application to Continue Anti Suit Injunction
Legal Issues
- 1 Whether the anti-suit injunction restraining proceedings in Antwerp should be continued
- 2 Whether delay or risk of inconsistent decisions constitutes strong cause to refuse injunction
- 3 Whether time bar in arbitration is a reason to refuse injunction
Ratio Decidendi
The anti-suit injunction should not be continued because the Owners delayed seeking relief and there is a risk of inconsistent decisions causing injustice to a third party (FAVV), both of which constitute strong cause for refusing the injunction.
Court Disposition
Application to continue anti-suit injunction refused
Orders
- The anti-suit injunction is not continued
Full Case Text
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