460. Golden Endurance Shipping SA v RMA Watanya SA and Others (the “Golden Endurance” no 1) [2014] EWHC 3917 (Comm)

Anti-suit injunction – proceedings commenced first in Morocco – convenience of applying English law, including the Hague-Visby Rules as opposed to the Hamburg Rules, not sufficient to displace interests of comity in not granting injunction.

 

The Facts

Wheat bran pellets were shipped to Morocco from three ports, Awendo in Gabon, Lomé in Togo and Takoradi in Ghana.

On arrival in Casablanca, it was discovered that the cargo was damaged by the presence of live insects and black mould.

Discharge was halted after approximately one third of the cargo had been discharged. The vessel was arrested by the insurers of cargo interests.

It was allowed to sail upon security being provided. The remainder of the cargo was discharged and sold at Cadiz.

A cargo claim was instituted in Morocco in respect of the 1st and 3rd bills. Owners filed particulars of claim claiming a declaration of non-liability and a final anti-suit injunction.

Owners instituted London arbitration in respect of the 2nd bill.

Findings

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