Archive: August 8, 2007

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Considerations in Exercise of Court’s Power to Grant Anti-Suit Injunction

Considerations in Exercise of Court’s Power to Grant Anti-Suit Injunction

(1) Starlight Shipping Co. (2) Overseas Marine Enters. Inc. v. (1) Tai Ping Ins. Co. (2) Int’l Econ. & Trading Corp., Wugang Group, 2007 WL 2186944, [2007] EWHC 1893 (Queen’s Bench Div., Commercial Ct.)

In this case, the owner (Starlight) and the manager of a ship (Overseas) applied for an injunction restraining proceedings brought by the respondent insurer (Tai Ping) in the Maritime Court of Wuhan in China.  Starlight had chartered its vessel subject to an arbitration agreement which was incorporated into a bill of lading to which a sub-charterer (Wugang) had then become a party.  The ship and cargo were lost en route from Brazil to China.  Tai Ping commenced proceedings for recovery of sums paid in indemnification of Wugang.  Starlight and Overseas disputed jurisdiction of the Chinese court on grounds of breach of the arbitration agreement, and sought an injunction in the English Commercial Court in restraint of those proceedings.  Tai Ping and Wugang argued that they were not bound by the arbitration agreement as a matter of Chinese law. Read More

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