Brave Bulk Transport Ltd v Spot On Shipping Ltd

Brave Bulk Transport Ltd v Spot On Shipping Ltd

The New York proceedings, based on the alter ego doctrine to enforce a judgment debt, do not fall within the exclusive jurisdiction clause of the FFA. The Respondent is neither expressly nor impliedly asserting that the Applicant is a party to the FFA. There is no abuse, no arguable case for jurisdiction in the English courts, and no ground to restrain the New York proceedings.

Parties
Claimant: Brave Bulk Transport Ltd; Defendant: Spot On Shipping Ltd; Applicant/claimant: Zhanggang Shipping Ltd
Jurisdiction
England and Wales
Judgment Date
18 February 2009
Procedural Posture
Commercial / Ruling on Applications for Anti Suit Injunction and Jurisdictional Challenge
Outcome
Applications by the Applicant dismissed; Respondent's application granted.
Legal Topics
Anti Suit Injunctions, Jurisdiction Clauses, Alter Ego Doctrine, Enforcement of Foreign Judgments
Commercial Law Conflict of Laws Maritime Law Anti Suit Injunctions Jurisdiction Clauses Alter Ego Doctrine Enforcement of Foreign Judgments

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Parties

Brave Bulk Transport Ltd

Claimant

Spot On Shipping Ltd

Defendant

Zhanggang Shipping Ltd

Applicant/claimant

Procedural Posture

Commercial / Ruling on Applications for Anti Suit Injunction and Jurisdictional Challenge

Legal Issues

  1. 1 Whether the New York proceedings fall within the exclusive jurisdiction clause of the FFA
  2. 2 Whether the Respondent is asserting that the Applicant is a party to the FFA
  3. 3 Whether the Applicant can obtain an anti-suit injunction to restrain the New York proceedings

Ratio Decidendi

The New York proceedings, based on the alter ego doctrine to enforce a judgment debt, do not fall within the exclusive jurisdiction clause of the FFA. The Respondent is neither expressly nor impliedly asserting that the Applicant is a party to the FFA. There is no abuse, no arguable case for jurisdiction in the English courts, and no ground to restrain the New York proceedings.

Court Disposition

Applications by the Applicant dismissed; Respondent's application granted.

Orders

  • All applications by Zhanggang Shipping Ltd for anti-suit injunction and intervention are dismissed.
  • Respondent's application disputing jurisdiction is granted.