English Court Guidance On Anti- Suit Injunctions

In a recent decision of the English Commercial Court in ESSAR SHIPPING LTD –v- BANK OF CHINA LTD (2015) it has been held that an applicant to an anti-suit injunction shall act promptly and not sleep on his rights.

In the above case, the defendant Bank commenced proceedings in China, on the basis of a bill of lading, which did not, under Chinese law, incorporate an applicable law and arbitration clause. The Plaintiff Company disputed the jurisdiction of the Chinese Courts, alleging that the bill of lading had a valid arbitration clause, which has been properly incorporated on the basis of English law, which was the applicable law of the relevant contract.

The Chinese Court decided that it had jurisdiction over the claim filed by the Bank.