Sam Purpose AS v Transnav Purpose Navigation Ltd (Rev 2) [2017]

Sam Purpose AS v Transnav Purpose Navigation Ltd (Rev 2) [2017] EWHC 719 — 3 March 2017 (Waksman QC)

“In breach of a London arbitration clause, charterers commenced substantive proceedings in a foreign jurisdiction in addition to arresting the vessel as security for their claim. The English Court had granted the owners (ex-parte) an anti-suit injunction, in accordance with normal principles. However, the Court later declined to grant further injunctive relief or order discontinuance of the foreign proceedings (including the 'tainted' arrest) in circumstances where charterers had in the meantime applied to the foreign court for a stay of the substantive proceedings. In other words, charterers had cured the historic breach by the time of the present hearing so no further injunctive relief was appropriate.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
03rd May 2017