- Anti-suit injunction granted despite public policy in the competing forum (Aline Tramp SA v Jordan International Insurance Co, 'FLAG EVI')
- Original news
- What are the practical implications of this case?
- What was the background to the applications?
- What did the court decide on the ship-owner's application?
- What did the court decide on the P&I club's application?
- Court details
Arbitration analysis: In a judgment dated 3 June 2016 (but published on 31 January 2017), Sara Cockerill QC (sitting as a deputy judge of the High Court), applied ‘Angelic Grace’ principles in granting an anti-suit injunction to a ship-owner to restrain court proceedings brought by subrogated cargo insurers in Jordan, even though the Hamburg Rules are in force there and could confer jurisdiction on the Jordanian courts. It was necessary to consider how the relevant public policy was regarded in England, as well as the nature and importance of the policy. However, she rejected an application for an anti-suit injunction by the ship-owners’ P&I club, whose letter of undertaking she found did not contain an exclusive jurisdiction clause in favour of the English courts and who had not established that the proceedings against it could be characterised as vexatious and oppressive.
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