Aquavita International SA v Indagro SA – QBD (Commercial Court) [2022] EWHC 892 (Comm) (Foxton J) – 12 April 2022

Arbitration – Anti-suit injunction – Application to foreign court for security – Whether application would be determinative of dispute – Senior Courts Act 1981, section 37

The claimant owner’s vessel Aquavita Eternity was chartered by Indagro on 25 November 2021 to carry a cargo of 61,500/63,500 mt of ammonium sulphate from Qinhuangdao, China to Paranagua and São Francisco do Sul. Subsequently a third discharge port, Rio Grande, was added. The charterparty was governed by English law and disputes were to be submitted to arbitration in London. Of the total cargo, some 42,750 mt was shipped under bills of lading to Yantai as shipper, and that part of the cargo was to be resold to the defendant as buyer.