Euronav Shipping NV v Black Swan Petroleum DMCC 2024 EWHC 896 Comm - 26 April 2024
Country
Year
2024
Summary
This is the inter partes hearing of an application by the Claimant ("Euronav") for an anti-anti-arbitration injunction made in support of existing English arbitral proceedings. Euronav's case is that the claims by it against the Defendant ("BSP") and by BSP against it are all subject to a London Maritime Arbitrators Association ("LMAA") arbitration by operation of an arbitration agreement that applies to the parties' relationship by reason of a sub-bailment on terms concerning the consignment of oil which is the foundation of the claims between the parties.
BSP opposes Euronav's application on the grounds that it wishes its claims to be resolved by the High Court of Malaysia, there is no relevant arbitration agreement that applies between the parties, BSP's conduct is neither vexatious or oppressive so as to entitle Euronav to the injunction sought even though there is no relevant arbitration agreement between Euronav and BSP and in any event the injunction sought should not be granted as a matter of discretion because of its impact on the comity of this court with the High Court of Malaysia and/or because Euronav has voluntarily submitted to the jurisdiction of the High Court of Malaysia and/or Euronav's delay in commencing these proceedings.
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