Issue estoppel and anti-suit injunction in the context of limitation proceedings (MSC v Conti; ‘MSC Flaminia’)

Article summary

Arbitration analysis: This was a judgment on two applications made by MSC Mediterranean Shipping Company (MSC) in limitation proceedings brought under the 1976 Convention on Limitation of Liability for Maritime Claims as amended by the Amending Protocol of 1996 and enacted under English law by the Merchant Shipping Act 1995 (the Amended 1976 Convention) in relation to a casualty on board the MSC Flaminia. MSC was the limitation claimant. The fourth defendants and respondents to both applications (the Owners) were the owners of the MSC Flaminia. The first application was for summary judgment summarily dismissing the Owners’ allegation that MSC had recklessly caused the casualty. The second was for an anti-suit injunction to prevent the Owners from enforcing a London ad hoc arbitration award obtained by the Owners against MSC in any foreign jurisdiction, at least for as long as the limitation proceedings were continuing in London. The Admiralty Judge, Mr Justice Andrew Baker, granted the...