Ulusoy Denizilik AS v COFCO Global Harvest (Zhangjiagang) Trading Co Ltd (The “Ulusoy-11”) – QBD (Comm Ct) (Bryan J) [2021] EWHC 3645 (Comm) – 28 August 2020

Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Applicable law governing issue of incorporation – Identity of governing charterparty – Whether Law and Arbitration Clause incorporated into bills of lading – Bill of lading holders bringing cargo claim in China – Whether breach of London arbitration clause – Whether owners entitled to anti-suit injunction

The claimants were the owners of the vessel Ulusoy-11. On 26 June 2018 the owners time-chartered the vessel on an amended NYPE form (the Head Charter). On 28 February 2020 the head charterers sub-chartered the vessel for a time charter trip from Brazil to China (the Sub-Charter).