Clearlake Shipping Pte Ltd & Anor v Xiang Da Marine Pte Ltd [2019] EWHC 2284 (Comm) (22 August 2019)

Parties

Procedural Posture

Commercial Court Proceedings (applications for Continuation/variation of Interim Anti Suit Injunctions) / Return Day Hearing on Continuation/variation of Interim Anti Suit Injunctions

Legal Issues

1. 1 Whether Clearlake is entitled to an interim anti-suit injunction restraining Xiang Da's letter of indemnity claim in Singapore
2. 2 Whether Gunvor is entitled to an interim anti-suit injunction restraining Xiang Da's tortious misrepresentation claims in Singapore
3. 3 Whether Clearlake is entitled to an anti-suit injunction restraining Xiang Da's tortious misrepresentation claims against Gunvor in Singapore

Ratio Decidendi

Clearlake is entitled to an interim anti-suit injunction restraining Xiang Da's letter of indemnity claim in Singapore because the exclusive English jurisdiction clause in the Clearlake charter applies and there are no strong reasons to the contrary. Gunvor is entitled to an interim anti-suit injunction restraining Xiang Da's tortious misrepresentation claim in Singapore on the basis that it would be vexatious or oppressive and England is the natural forum, given the contractual matrix and risk of forum fragmentation. It is unnecessary to decide whether Clearlake is entitled to an injunction restraining Xiang Da's claim against Gunvor, as Gunvor's own injunction suffices.

Court Disposition

Interim anti-suit injunctions in favour of Clearlake and Gunvor continued (with amendments); permission granted to Clearlake to amend its statement of case (with some limits).

Orders

• Interim anti-suit injunction restraining Xiang Da from pursuing the letter of indemnity claim against Clearlake in Singapore continued.
• Interim anti-suit injunction restraining Xiang Da from pursuing the tortious misrepresentation claim against Gunvor in Singapore continued.