Brave Bulk Transport Ltd v Spot On Shipping Ltd [2009] EWHC 612 (QB) (18 February 2009)

Brave Bulk Transport Ltd v Spot On Shipping Ltd [2009] EWHC 612 (QB) (18 February 2009)

The alter ego claim pursued in New York does not fall within the exclusive jurisdiction clause of the FFA, as it does not relate to contractual liability under the FFA but concerns enforcement of a judgment debt. The Respondent is not asserting Applicant is party to the FFA, and there is no abuse or basis for...

Source-derived case information.

Citation
[2009] EWHC 612 (QB)
Parties
Claimant: Brave Bulk Transport Ltd; Defendant: Spot On Shipping Ltd; Claimant: Zhanggang Shipping Ltd; Defendant: Brave Bulk Transport Ltd
Jurisdiction
England and Wales
Judgment Date
18 February 2009
Procedural Posture
Commercial Litigation / Post Judgment Applications and Jurisdictional Challenge
Outcome
Applications by Applicant dismissed; Respondent's application granted.
Legal Topics
Anti Suit Injunctions, Jurisdiction Clauses, Alter Ego Doctrine, Enforcement of Foreign Judgments
Commercial Law International Arbitration Civil Procedure Anti Suit Injunctions Jurisdiction Clauses Alter Ego Doctrine Enforcement of Foreign Judgments

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Summary, issues, holding and outcome

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Parties

Brave Bulk Transport Ltd

Claimant

Spot On Shipping Ltd

Defendant

Zhanggang Shipping Ltd

Claimant

Brave Bulk Transport Ltd

Defendant

Procedural Posture

Commercial Litigation / Post Judgment Applications and Jurisdictional Challenge

Legal Issues

  1. 1 Whether the alter ego claim against Zhanggang Shipping Ltd falls within the exclusive jurisdiction clause of the FFA
  2. 2 Whether the New York proceedings should be restrained by anti-suit injunction
  3. 3 Whether Zhanggang Shipping Ltd can intervene in the concluded English proceedings

Ratio Decidendi

The alter ego claim pursued in New York does not fall within the exclusive jurisdiction clause of the FFA, as it does not relate to contractual liability under the FFA but concerns enforcement of a judgment debt. The Respondent is not asserting Applicant is party to the FFA, and there is no abuse or basis for anti-suit injunction or intervention in the English proceedings.

Court Disposition

Applications by Applicant dismissed; Respondent's application granted.

Orders

  • Anti-suit injunction refused
  • Application to intervene dismissed