This is a cautionary tale about the dangers of delay in applying for anti-suit injunctions.
The facts: The Claimant was the Charterer of the Vessel Kishore, and the Defendant Bank was the holder of a bill of lading. The time bar for any cargo claim expired on 11 January 2015. The Claimant maintained that the bill of lading incorporated English law and arbitration clauses. The Defendant Bank, however, commenced proceedings in the Qingdao Maritime Court (China) in March 2014, and ship arrest proceedings in the Tianjin Maritime Court (China) in September 2014. On 24 November 2014, the Claimant decided to challenge Chinese jurisdiction before the Qingdao court, on the grounds of the English law arbitration clause. The challenge was rejected and the Claimant appealed. However, the Claimant did not apply for an anti-suit injunction in the English courts at the same time. The application to the English courts to restrain the Defendant Bank from the Chinese proceedings was not made until 8 July 2015, whilst the parties were still awaiting the outcome of the appeal in China. No arbitration proceedings had been brought in England by this stage, and would have been time barred from January 2015. Continue reading