Impala Warehousing and Logistics (Shanghai) Co Ltd v Wanxiang Resources (Singapore) PTE Ltd [2015] EWHC 811 (Comm) (25 March 2015)

Impala Warehousing and Logistics (Shanghai) Co Ltd v Wanxiang Resources (Singapore) PTE Ltd [2015] EWHC 811 (Comm) (25 March 2015)

The warehouse certificates issued by Impala Shanghai incorporated by reference the Impala terms and conditions, including an exclusive English jurisdiction clause. The claim in Shanghai is contractual or bailment on terms, not non-contractual. Reasonable notice of the terms was given. The Collateral Management...

Source-derived case information.

Citation
[2015] EWHC 811 (Comm)
Parties
Claimant: Impala Warehousing and Logistics (Shanghai) Co. Ltd; Defendant: Wanxiang Resources (Singapore) Pte. Ltd
Jurisdiction
England and Wales
Judgment Date
25 March 2015
Procedural Posture
Commercial Court Claim (anti Suit Injunction) / Final Judgment After Expedited Part 8 Trial
Outcome
Claimant succeeds; final anti-suit injunction granted.
Legal Topics
Anti Suit Injunctions, Jurisdiction Clauses, Warehouse Receipts, Bailment, Contractual Incorporation, Conflict of Laws
Commercial Law Private International Law Contract Law Anti Suit Injunctions Jurisdiction Clauses Warehouse Receipts Bailment Contractual Incorporation +1 more

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Parties

Impala Warehousing and Logistics (Shanghai) Co. Ltd

Claimant

Wanxiang Resources (Singapore) Pte. Ltd

Defendant

Procedural Posture

Commercial Court Claim (anti Suit Injunction) / Final Judgment After Expedited Part 8 Trial

Legal Issues

  1. 1 Whether the exclusive English jurisdiction clause in warehouse certificates is incorporated and binding on Wanxiang
  2. 2 Whether the claim in Shanghai is contractual or non-contractual
  3. 3 Whether an anti-suit injunction should be granted to restrain proceedings in Shanghai

Ratio Decidendi

The warehouse certificates issued by Impala Shanghai incorporated by reference the Impala terms and conditions, including an exclusive English jurisdiction clause. The claim in Shanghai is contractual or bailment on terms, not non-contractual. Reasonable notice of the terms was given. The Collateral Management Agreement ceased to apply once Rabobank was repaid and the certificates endorsed to Wanxiang. No strong reasons were shown to refuse an anti-suit injunction. Therefore, Impala Shanghai is entitled to a final injunction restraining Wanxiang from pursuing or commencing proceedings in Shanghai or elsewhere other than England arising out of or in connection with the warehouse certificates.

Court Disposition

Claimant succeeds; final anti-suit injunction granted.

Orders

  • Wanxiang is restrained from continuing or commencing proceedings against Impala Shanghai in Shanghai or elsewhere other than the English courts arising out of or in connection with the two warehouse certificates issued on 15 May 2014.