Read the full judgment text of HCCT 6/2015 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 17 April 2015 before Hon G Lam J in Chambers.
Arbitration — Anti-suit injunction — Arbitration clause in bills of lading incorporated from charterparty providing for Hong Kong arbitration — Cargo damage dispute — Turkish court proceedings commenced and ship arrested in Turkey — Shipowners seek interim anti-suit injunction in Hong Kong to restrain Turkish proceedings — Jurisdiction considered under s. 45 Arbitration Ordinance and s. 21L High Court Ordinance — Equitable relief governs injunctions — Defence of unclean hands raised against injunction for alleged fraudulent issuance of clean bills of lading — Allegation not established on interlocutory evidence — Principles from leading UK and Hong Kong authorities including The Angelic Grace, Donohue v Armco Inc, and AES Ust-Kamenogorsk applied — Existence of other proceedings in Turkey involving insurers not sufficient ground to refuse injunction due to risk of parallel inconsistent decisions and absence of single composite trial — Jurisdictional challenge in Turkey and delay in seeking injunction not strong reasons to refuse — Injunction to continue pending arbitration held to be proper enforcement of contractual arbitration agreement — Costs awarded to shipowners.
Legal issues: Jurisdiction to grant anti-suit injunction based on arbitration clause · Equitable defence of unclean hands in anti-suit injunction · Whether strong reasons exist not to grant anti-suit injunction
Outcome: Injunction continued until further order; costs granted to the shipowners.
Cites 6 cases