Times Trading Corporation v National Bank of Fujairah (Dubai Branch) [2020]

Times Trading Corporation v National Bank of Fujairah (Dubai Branch) [2020] EWHC 1078 — 5 May 2020 (Cockerill J DBE)

“Following misdelivery of a coal cargo, B/L holders, NBF, started proceedings in Singapore and subsequently London Arbitration. The carrier, Times, challenged the Arbitration notice alleging wrong addressee and time bar. limes sought an anti-suit injunction on the basis that Singapore proceedings were in breach of the B/L London Arbitration clause. The Court found that the jurisdictional hurdle for a contractual anti-suit injunction was met and that NBF failed to show strong reasons — particularly the prejudice constituted by the time bar —to refuse the relief. However, relying on "discretionary factors", the Court found that this particular injunction required as a matter of "justice" a condition that limes guaranteed not to rely on any time bar in the arbitration.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
06th May 2020