ZHD v SQO – QBD (Comm Ct) (Calver J) [2021] EWHC 1262 (Comm) – 28 April 2021

Practice – Anti-suit injunction – Cargo owners alleging cargo damage and bringing proceedings against carrier in Vietnam – Whether proceedings brought in breach of arbitration clause in sub-charter – Whether carrier’s application for anti-suit injunction made promptly – Whether strong reasons not to grant injunction

On 20 July 2019 a bill of lading was issued by the claimant owners in respect of a cargo of corn loaded on their vessel, identifying the defendant cargo interests (SQO), as the notify party. The bill of lading was to order but was later endorsed to SQO. The bill of lading was on the Congenbill form and it referred on its face to a sub-charter between O and M, being the entity from which SQO purchased the corn. The sub-charter contained a London arbitration clause.