SY RORO 1 PTE Limited & Anor v Onorato Armatori SRL & Ors

SY RORO 1 PTE Limited & Anor v Onorato Armatori SRL & Ors

The court held that the claimants were entitled to anti-suit injunctions restraining the defendants from commencing or continuing proceedings outside the agreed arbitration and English court forums, as the relevant clauses were exclusive and there was a real risk of foreign proceedings. The court refused to grant ancillary orders restraining the defendants from challenging the French arrest, as such orders would go too far, risked interfering with legitimate rights under French law, and raised comity concerns. The court permitted alternative service of the injunction orders by email and dispensed with personal service. Costs were awarded to the claimants at 80% on an indemnity basis.

Parties
Claimant: SY RORO 1 PTE LIMITED; Claimant: SY RORO 2 PTE LIMITED; Defendant: ONORATO ARMATORI SRL; Defendant: F. LLI ONORATO ARMATORI SRL; Defendant: MOBY SPA; Defendant: COMPAGNIA ITALIANA DI NAVIGAZIONE SPA
Jurisdiction
England and Wales
Judgment Date
06 April 2024
Procedural Posture
Commercial Court Application (injunctive Relief) / Ruling on Application for Anti Suit Injunction and Ancillary Orders
Outcome
Application granted in part
Legal Topics
Anti Suit Injunctions, Jurisdiction Clauses, Arbitration Agreements, Service of Process, Costs Orders
Commercial Law Arbitration Conflict of Laws Anti Suit Injunctions Jurisdiction Clauses Arbitration Agreements Service of Process Costs Orders

Case Brief

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Parties

SY RORO 1 PTE LIMITED

Claimant

SY RORO 2 PTE LIMITED

Claimant

ONORATO ARMATORI SRL

Defendant

F. LLI ONORATO ARMATORI SRL

Defendant

MOBY SPA

Defendant

COMPAGNIA ITALIANA DI NAVIGAZIONE SPA

Defendant

Procedural Posture

Commercial Court Application (injunctive Relief) / Ruling on Application for Anti Suit Injunction and Ancillary Orders

Legal Issues

  1. 1 Whether the claimants are entitled to anti-suit injunctions to restrain foreign proceedings contrary to arbitration and jurisdiction clauses
  2. 2 Whether the English jurisdiction clause in the MPAs is exclusive
  3. 3 Whether ancillary orders restraining challenges to French vessel arrest should be granted

Ratio Decidendi

The court held that the claimants were entitled to anti-suit injunctions restraining the defendants from commencing or continuing proceedings outside the agreed arbitration and English court forums, as the relevant clauses were exclusive and there was a real risk of foreign proceedings. The court refused to grant ancillary orders restraining the defendants from challenging the French arrest, as such orders would go too far, risked interfering with legitimate rights under French law, and raised comity concerns. The court permitted alternative service of the injunction orders by email and dispensed with personal service. Costs were awarded to the claimants at 80% on an indemnity basis.

Court Disposition

Application granted in part

Orders

  • Anti-suit injunctions granted restraining commencement or continuation of foreign proceedings contrary to arbitration and jurisdiction clauses
  • Ancillary orders restraining challenges to French arrest refused