Star Reefers Pool Inc v JFC Group Co Ltd - QBD (Comm Ct)(Teare J) - 23 November 2010

Practice - Anti-suit injunction - Charterparties expressly governed by English law - Defendant guaranteeing charterers' obligations - Guarantees not containing express choice of law clause - Whether applicable law of guarantees was English law - Owners bringing claims against defendant in England - Defendant bringing proceedings in Russia - Whether English court natural forum - Whether defendant's conduct vexatious, oppressive or unconscionable

By two separate charterparties concluded in April and July 2008 the claimant owners chartered three of their vessels to Kalistad Ltd. Each charterparty provided by box 4 that “due performance” was “guaranteed by JFC [the defendant] in everyway.” Clause 59 of each charterparty provided for disputes arising under the charterparty to be referred to arbitration in London and for English law to apply.