Aquavita International SA v Indagro SA [2022] EWHC 892 – 12 April 2022 (Foxton J)

The defendant cargo buyers sought a ‘preliminary injunction’ from the Brazilian Court requiring discharge of cargo, despite B/Ls being withheld for non-payment. In England, Owners claimed an anti-suit injunction (‘ASI’) in support of the B/Ls’ London Arbitration clause. Although seeking interim performance elsewhere would not necessarily constitute a breach, Owners met the ‘high probability’ threshold in showing that the order in Brazil would, in practical terms, be final, outflanking the Arbitration Clause. Similar relief could have been sought in the chosen forum and the ASI was granted.