Times Trading Corporation v National Bank of Fujairah (Dubai Branch) (The “Archagelos Gabriel”) – QBD (Comm Ct) (Cockerill J) [2020] EWHC 1078 (Comm) – 5 May 2020

Practice – Anti-suit injunction – Bill of lading holders bringing in rem proceedings in Singapore for misdelivery of cargo – Issue as to identity of carrier – Claimant seeking anti-suit injunction on basis that bills of lading contained London arbitration clause – Bill of lading holders denying that injunction claimant was carrier – Relevant principles – Whether bill of lading holders showed strong reasons to refuse relief – Whether anti-suit injunction should be granted

On 2 January 2019 the defendant, National Bank of Fujairah (Dubai Branch) (NBF), brought in rem proceedings in Singapore claiming as holders of 27 bills of lading in respect of a cargo of steam coal shipped on the vessel Archagelos Gabriel (the Singapore proceedings).