Anti-suit application grounded: Magellan Spirit [2016] EWHC 454 (Comm)

Three members of 20 Essex Street were involved on both sides of a recent application for an anti-suit injunction in Magellan Spirit ApS v Vitol SA [2016] EWHC 454 (Comm).  The central issue in the case was whether there was an agreement conferring jurisdiction on the English High Court for the purposes of, among other things, the Lugano Convention.

In refusing the anti-suit injunction, Leggatt J held that even if a written consensus could  satisfy Article 23 of the Lugano Convention, it was not enough for an anti-suit injunction.   This is also a case in which delay in applying for an anti-suit injunction was a problem for the applicants (see too our post on Ecobank Transnational v Tanoh).  Continue reading