Application for anti-suit injunction refused because the
application was not made promptly
Essar Shipping v Bank of China
(2015)
The High Court emphasises that failing to apply in a timely
manner for an anti-suit (or anti enforcement) injunction is likely
to be fatal to the application.
The claimant charterer, Essar Shipping Ltd (an Indian shipping
corporation and part of the Essar Group), sought an anti-suit
injunction restraining the defendant bank, Bank of China Ltd (a
state-owned commercial bank), from continuing proceedings in China
in breach of a London arbitration agreement. Essar Shipping had
waited two months before challenging the jurisdiction of the
Chinese courts in those proceedings, and a further seven months
(from the deadline for commencing London arbitration proceedings)
to bring its application for an anti-suit injunction in
England.
