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Lloyd's Maritime Law Newsletter

Vitol Bahrain EC v Nasdec General Trading LLC and Others – QBD (Comm Ct) (Males J) [2013] EWHC 3359 (Comm) – 1 November 2013

Practice – Anti-suit injunction – Purchaser of fuel oil bringing proceedings in England to establish it had acquired title – Defendants disputing that purchaser had acquired title – Defendants applying to join purchaser to existing proceedings in Fujairah – Whether purchaser entitled to anti-suit injunction restraining joinder in Fujairah

Vitol Bahrain EC (Vitol), a UAE company, purchased two cargoes of low sulphur fuel oil from Nasdec General Trading LLC (Nasdec), a Dubai company. The contracts were subject to the law and exclusive jurisdiction of the courts of Dubai, but they provided that the warranty of title to be given by Nasdec was to be governed by English law. Warranties of title were provided by Nasdec for each cargo in the agreed form.

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