Golden Endurance Shipping SA v RMA Watanya S.A. & Ors

Golden Endurance Shipping SA v RMA Watanya S.A. & Ors

English law and arbitration clause are incorporated into the Bills of Lading; England is the more appropriate forum for the Owendo and Takoradi Bills, but absent an exclusive jurisdiction clause or unconscionable conduct, anti-suit injunction is not granted except in favour of London arbitration for the Lomé Bill.

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 Application / Judgment on Applications to Set Aside Service Out of Jurisdiction and for Anti Suit Injunction
Outcome
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, Choice of Law, Carriage of Goods by Sea
Shipping International Commercial Law Conflict of Laws Bills of Lading Anti Suit Injunctions Forum Conveniens Arbitration 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 Application / Judgment on Applications to Set Aside Service Out of Jurisdiction and for Anti Suit Injunction

Legal Issues

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

Ratio Decidendi

English law and arbitration clause are incorporated into the Bills of Lading; England is the more appropriate forum for the Owendo and Takoradi Bills, but absent an exclusive jurisdiction clause or unconscionable conduct, anti-suit injunction is not granted except in favour of London arbitration for the Lomé Bill.

Court Disposition

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

  • English proceedings to continue for Owendo and Takoradi Bills
  • Anti-suit injunction granted restraining Moroccan proceedings for Lomé Bill