Ceto Shipping Corporation v Savory Shipping Inc
Ceto breached the exclusive English jurisdiction agreement by pursuing the Singapore proceedings after Savory's Notice to Contest. An anti-suit injunction and mandatory order are necessary to protect the integrity of the English proceedings and prevent further vexatious conduct.
- Parties
- Claimant: Ceto Shipping Corporation; Defendant: Savory Shipping Inc
- Jurisdiction
- England and Wales
- Judgment Date
- 22 March 2024
- Procedural Posture
- Commercial Court Claim / Interim Application for Anti Suit Injunction
- Outcome
- Application granted
- Legal Topics
- Anti Suit Injunctions, Exclusive Jurisdiction Clauses, Contract Enforcement
Case Brief
Summary, issues, holding and outcome
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Parties
Ceto Shipping Corporation
Claimant
Savory Shipping Inc
Defendant
Procedural Posture
Commercial Court Claim / Interim Application for Anti Suit Injunction
Legal Issues
- 1 Whether an interim anti-suit injunction should be granted to restrain Ceto from prosecuting proceedings in Singapore contrary to an exclusive English jurisdiction clause
- 2 Whether Ceto's conduct in Singapore was vexatious and oppressive
Ratio Decidendi
Ceto breached the exclusive English jurisdiction agreement by pursuing the Singapore proceedings after Savory's Notice to Contest. An anti-suit injunction and mandatory order are necessary to protect the integrity of the English proceedings and prevent further vexatious conduct.
Court Disposition
Application granted
Orders
- Ceto is restrained until further order from prosecuting or commencing any proceedings in Singapore or elsewhere arising out of the contractual relations with Savory except in this court.
- Ceto is required to consent within seven days to Savory's stay application in the Singapore proceedings.
Full Case Text
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