TRYGGINGARFELAGIO FOROYAR P/F V CPT EMPRESAS MARITIMAS SA (M/V "ATHENA")

[2011] EWHC 589 (Admlty), Queen's Bench Division, Admiralty Court, Mr Justice David Steel, 16 March 2011

Arbitration - Anti-suit injunction - Salvage - Whether parties had agreed BIMCO arbitration - Arbitration Act 1996, section 72

This was an application for a permanent anti-suit injunction under section 72 of the Arbitration Act 1996. CPT, a Chilean towage and salvage company, provide salvage services to the vessel Athena, owned by Thor Fisheries, following a fire on board on 4 July 2007. On 11 July 2007 CPT was dismissed and replaced by another salvor. The fire was not extinguished until 17 July 2007. Thor commenced proceedings against CPT in Chile, asserting that CPT had been responsible for additional damage to the vessel. Under Chilean law the dispute was referred to arbitration in Chile. CPT asserted that its agreement with Thor was made on BIMCO terms and incorporated the BIMCO Wreckhire form of arbitration clause. CPT sought and obtained a temporary anti-suit injunction preventing Thor from proceeding with the arbitration in Chile, and this was the trial of the preliminary issue of whether there was a BIMCO arbitration clause. David Steel J held that CPT had discharged the burden of proof and had established that the salvage agreement incorporated the BIMCO Wreckhire form of arbitration clause. Accordingly CPT was entitled to a permanent anti-suit injunction.