ENEMALTA PLC V THE STANDARD CLUB ASIA LTD (THE “DI MATTEO”)

[2021] EWHC 1215 (Comm), Queen’s Bench Division, Commercial Court, His Honour Judge Pelling QC, sitting as a High Court Judge, 26 April 2021

Jurisdiction – P&I Club letter of undertaking – Exclusive English jurisdiction clause – Effect of limitation proceedings in Singapore on letter of undertaking

According to the claimant’s background facts, the vessel Di Matteo had damaged the claimant’s high voltage connector cable in international waters, causing a nationwide blackout in Malta. The defendant, a Singapore company, was the vessel’s P&I insurer and had provided security to the claimant under a letter of undertaking (LOU) subject to English law and exclusive jurisdiction. Proceedings were under way against the shipowners in Malta and would be subject to the 1996 Protocol of the Limitation Convention. Owners had commenced proceedings in Singapore seeking to establish a limitation fund under the 1976 Limitation Convention seeking also an order for the release of any existing security.