Transfield Shipping Inc v Chiping Xinfa Huayu Alumina Co Ltd – QBD (Com Ct)(Christopher Clarke J) – 22 December 2009

Practice – Anti-suit injunction – Dispute as to existence of arbitration agreement – Appropriate test for grant of anti-suit injunction - Delay

Transfield Shipping Inc (“Transfield”) was a Panamanian corporation and a shipping company whose activities were based in Hong Kong. Chiping was an aluminium importer based in the People’s Republic of China. Transfield contended that the parties had concluded a charterparty containing a London arbitration clause, and that Chiping had committed a repudiatory breach of the charter. On 12 December 2008 Transfield commenced London arbitration proceedings.