Case: Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm)
Guest: Oliver Caplin KC, Twenty Essex In this episode of Case by Case Luke Zadkovich and Calum Cheyne are joined by Oliver Caplin KC to discuss Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm), a case of which Oliver Caplin was instructed on, acting on behalf of Black Swan Petroleum DMCC.
In this case the High Court of England ruled against Euronav's request for an unusual type of injunction known as an "anti-anti-arbitration injunction" (AAAI). The dispute arises out of a relationship of sub-bailment involving a cargo of crude oil stored aboard a vessel owned by Euronav.
The discussion is centred around Euronav’s attempt to seek an AAAI pursuing the discontinuation of an AAI from the High Court of Malaysia, which had prevented Euronav from continuing an arbitration in London. Black Swan Petroleum (BSP) had obtained the Malaysian order after Euronav (the court later held) voluntarily submitted to Malaysia’s jurisdiction in a related matter.
The court confirmed that to grant such an injunction, there must be a strong likelihood that both an arbitration agreement existed and that it was breached. While it found there was a high chance the parties had an arbitration agreement and that BSP may have breached it by obtaining the Malaysian order, the court ultimately chose not to grant the injunction. It cited several reasons - discussed in length during the podcast - including the importance of respecting the Malaysian court’s proceedings (comity), Euronav's delay in making the application, and the fact that Euronav had voluntarily submitted to the Malaysian court's jurisdiction.
The conversation highlights how party conduct, such as voluntary submission to another jurisdiction, can influence whether the court exercises its discretion to grant such remedies.
