Golden Endurance Shipping SA v RMA Watanya S.A. & Ors [2014] EWHC 3917 (Comm) (25 November 2014)

Golden Endurance Shipping SA v RMA Watanya S.A. & Ors [2014] EWHC 3917 (Comm) (25 November 2014)

English law and arbitration clauses are incorporated into the Bills of Lading for the Owendo, Takoradi, and Lomé shipments; England is the appropriate forum for the contractual claims, but absent an exclusive jurisdiction clause or unconscionable conduct, an anti-suit injunction cannot be granted for the Moroccan proceedings except in relation to the Lomé Bill, where arbitration has commenced.

Citation
[2014] EWHC 3917 (Comm)
Parties
Claimant: Golden Endurance Shipping SA; Defendant: RMA Watanya S.A.; Defendant: AXA Assurance Maroc S.A.; Defendant: Wafa Assurance S.A.; Defendant: Dalia Comodex S.A.
Jurisdiction
England and Wales
Judgment Date
25 November 2014
Procedural Posture
Commercial Court Claim and Application for Anti Suit Injunction / Judgment on Jurisdiction, Anti Suit Injunction, and Forum Conveniens
Outcome
Defendants' application to set aside English proceedings dismissed for Owendo and Takoradi Bills; anti-suit injunction refused for Moroccan proceedings except granted for Lomé Bill in favour of London arbitration.
Legal Topics
Bills of Lading, Anti Suit Injunctions, Forum Conveniens, Arbitration Clauses, Choice of Law, Carriage of Goods by Sea
Shipping International Commercial Law Conflict of Laws Bills of Lading Anti Suit Injunctions Forum Conveniens Arbitration Clauses Choice of Law +1 more

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Parties

Golden Endurance Shipping SA

Claimant

RMA Watanya S.A.

Defendant

AXA Assurance Maroc S.A.

Defendant

Wafa Assurance S.A.

Defendant

Dalia Comodex S.A.

Defendant

Procedural Posture

Commercial Court Claim and Application for Anti Suit Injunction / Judgment on Jurisdiction, Anti Suit Injunction, and Forum Conveniens

Legal Issues

  1. 1 Whether English law and arbitration clauses are incorporated into the Bills of Lading
  2. 2 Whether England is the appropriate forum for the dispute
  3. 3 Whether an anti-suit injunction should be granted to restrain Moroccan proceedings

Ratio Decidendi

English law and arbitration clauses are incorporated into the Bills of Lading for the Owendo, Takoradi, and Lomé shipments; England is the appropriate forum for the contractual claims, but absent an exclusive jurisdiction clause or unconscionable conduct, an anti-suit injunction cannot be granted for the Moroccan proceedings except in relation to the Lomé Bill, where arbitration has commenced.

Court Disposition

Defendants' application to set aside English proceedings dismissed for Owendo and Takoradi Bills; anti-suit injunction refused for Moroccan proceedings except granted for Lomé Bill in favour of London arbitration.

Orders

  • Proceedings in England to continue for Owendo and Takoradi Bills
  • Anti-suit injunction granted restraining Moroccan proceedings in respect of Lomé Bill