Clearlake Shipping Pte Ltd & Anor v Xiang Da Marine Pte Ltd

Clearlake Shipping Pte Ltd & Anor v Xiang Da Marine Pte Ltd

Clearlake is entitled to an interim anti-suit injunction restraining Xiang Da's letter of indemnity claim in Singapore because the exclusive jurisdiction clause in the Clearlake charter applies and there are no strong reasons to refuse relief. Gunvor is entitled to an interim anti-suit injunction restraining Xiang Da's tortious misrepresentation claims in Singapore on the basis that such proceedings would be vexatious or oppressive, given the exclusive jurisdiction clauses, avoidance of forum fragmentation, and interests of justice. Permission is granted to Clearlake and Gunvor to amend their statements of case to seek negative declarations, as they have legitimate interests and such...

Parties
Claimant: Clearlake Shipping Pte Ltd; Claimant: Gunvor Singapore Pte Ltd; Defendant: Xiang Da Marine Pte Ltd
Jurisdiction
England and Wales
Judgment Date
22 August 2019
Procedural Posture
Commercial / Interim Judgment on Anti Suit Injunctions and Applications to Amend Statements of Case
Outcome
Applications by Clearlake and Gunvor to amend and continue anti-suit injunctions succeed; Xiang Da's applications to vary or challenge jurisdiction fail.
Legal Topics
Anti Suit Injunctions, Exclusive Jurisdiction Clauses, Contractual Interpretation, Forum Non Conveniens, Declaratory Relief
Commercial Law Conflict of Laws Civil Procedure Anti Suit Injunctions Exclusive Jurisdiction Clauses Contractual Interpretation Forum Non Conveniens Declaratory Relief

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Parties

Clearlake Shipping Pte Ltd

Claimant

Gunvor Singapore Pte Ltd

Claimant

Xiang Da Marine Pte Ltd

Defendant

Procedural Posture

Commercial / Interim Judgment on Anti Suit Injunctions and Applications to Amend Statements of Case

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 jurisdiction clause in the Clearlake charter applies and there are no strong reasons to refuse relief. Gunvor is entitled to an interim anti-suit injunction restraining Xiang Da's tortious misrepresentation claims in Singapore on the basis that such proceedings would be vexatious or oppressive, given the exclusive jurisdiction clauses, avoidance of forum fragmentation, and interests of justice. Permission is granted to Clearlake and Gunvor to amend their statements of case to seek negative declarations, as they have legitimate interests and such...

Court Disposition

Applications by Clearlake and Gunvor to amend and continue anti-suit injunctions succeed; Xiang Da's applications to vary or challenge jurisdiction fail.

Orders

  • Interim anti-suit injunction granted to Clearlake restraining Xiang Da's letter of indemnity claim in Singapore.
  • Interim anti-suit injunction granted to Gunvor restraining Xiang Da's tortious misrepresentation claims in Singapore.