HAPPY SHIPPING LTD (OWNERS OF THE M/V "HAPPY LUCKY") V MARINE SHIPPING CO LTD (OWNERS OF THE M/V "FESCO VOYAGER")

[2021] EWHC 2641 (Comm), Commercial Court, Queen’s Bench Division, Mrs Justice Moulder, 9 September 2021

Anti-suit injunction – Collision – Whether collision agreement providing for English jurisdiction reached in negotiations following collision

The vessels of the parties had been in a collision in April 2019. P&I Club discussions followed on security and jurisdiction. On 27 April 2021, the respondent issued proceedings in Singapore and a warrant of arrest for the applicant’s vessel Happy Lucky was issued by that court. Security by way of an LOU was provided for the release of the vessel. The applicant brought an application before the English court asserting that the Singapore proceedings had been brought in breach of an agreement between the P&I Clubs providing for English jurisdiction and seeking an anti-suit injunction. The respondent retorted that agreement on jurisdiction had not been reached, it had strong reasons to resort to the Singapore court and in any case justice required that conditions be imposed if an anti-suit injunction was to be granted.