SPECIALISED VESSEL SERVICES LTD V MOP MARINE NIGERIA LTD

[2021] EWHC 333 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Calver, 18 February 2021

Arbitration – Breach of arbitration clause – Anti-suit injunction – Delay – Senior Courts Act 1981, section 37

SVS chartered a vessel to MOP on terms that all disputes were to be referred to arbitration in London. Disputes arose following a collision in October 2019. MOP issued claims in the Federal Court of Nigeria in November 2019, seeking a declaration of non-liability under the charter and also an injunction restraining SVS from contacting MOP in relation to payment of hire. SVS was served on 21 January 2020. SVS contested the Nigerian proceedings and also commenced arbitration in May 2020. However, the Nigerian court granted an anti-suit injunction preventing the arbitration from proceeding. SVS contested that injunction. The Nigerian proceedings were adjourned until March 2021, and in January 2021 SVS commenced an action in England seeking relief in respect of the arbitration clause.