Golden Endurance Shipping SA v RMA Watanya SA & Ors

Golden Endurance Shipping SA v RMA Watanya SA & Ors

The claimant did not submit to the jurisdiction of the Moroccan courts as its primary response was to request dismissal in favour of arbitration, falling within the statutory exception, and it had no choice but to defend the merits. However, the Moroccan proceedings constituted valid suit within one year for purposes of Article III rule 6 of the Hague Rules, so the claimant is not discharged from liability.

Parties
Claimant: Golden Endurance Shipping SA; Defendant: RMA Watanya SA; Defendant: AXA Assurance Maroc SA; Defendant: WAFA Assurance SA; Defendant: Dalia Comodex SA
Jurisdiction
England and Wales
Judgment Date
15 August 2016
Procedural Posture
Commercial Claim / Judgment on Preliminary Issue and Summary Judgment Application
Outcome
Preliminary issue determined in favour of claimant; summary judgment refused.
Legal Topics
Recognition of Foreign Judgments, Submission to Jurisdiction, Time Bar Under Hague Rules, Anti Suit Injunction, Arbitration Clauses
Shipping International Commercial Law Conflict of Laws Recognition of Foreign Judgments Submission to Jurisdiction Time Bar Under Hague Rules Anti Suit Injunction Arbitration Clauses

Case Brief

Summary, issues, holding and outcome

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Parties

Golden Endurance Shipping SA

Claimant

RMA Watanya SA

Defendant

AXA Assurance Maroc SA

Defendant

WAFA Assurance SA

Defendant

Dalia Comodex SA

Defendant

Procedural Posture

Commercial Claim / Judgment on Preliminary Issue and Summary Judgment Application

Legal Issues

  1. 1 Whether the Moroccan judgment should be recognised in England and estop the claimant from pursuing its claim
  2. 2 Whether the claimant submitted to the jurisdiction of the Moroccan courts
  3. 3 Whether the Moroccan proceedings or the English proceedings constitute valid suit for purposes of Article III rule 6 of the Hague Rules

Ratio Decidendi

The claimant did not submit to the jurisdiction of the Moroccan courts as its primary response was to request dismissal in favour of arbitration, falling within the statutory exception, and it had no choice but to defend the merits. However, the Moroccan proceedings constituted valid suit within one year for purposes of Article III rule 6 of the Hague Rules, so the claimant is not discharged from liability.

Court Disposition

Preliminary issue determined in favour of claimant; summary judgment refused.

Orders

  • Moroccan judgment not recognised in England; claimant not estopped from pursuing claim.
  • Moroccan proceedings constitute valid suit under Article III rule 6; claimant not discharged from liability.