United Kingdom / 17 May 1994 / England and Wales, Court of Appeal / Aggeliki Charis Compania Maritima SA v. Pagnan SpA (The "Angelic Grace")
| Country | United Kingdom |
| Court | England and Wales, Court of Appeal |
| Date | 17 May 1994 |
| Parties | Aggeliki Charis Compania Maritima SA v. Pagnan SpA (The "Angelic Grace") |
| Applicable NYC Provisions | II | II(1) | II(3) |
| Source |
[1995] 1 Lloyd's Rep 87 |
| Languages | English |
| Summary | The vessel "Angelic Grace" was chartered by Aggeliki Charis Compania Maritima SA ("Aggeliki"), a Panamanian company, to Pagnan SpA ("Pagnan"), an Italian company, under a charter party. The charter party provided for arbitration in London. Following a collision with another ship owned by Pagnan, Aggeliki initiated arbitration in London. Pagnan commenced litigation in Italy. The English High Court granted an anti-suit injunction restraining Pagnan from pursuing its claim in the Italian courts. In the Court of Appeal, Pagnan argued for the reversal of the anti-suit injunction on the ground, inter alia, that the Italian court had not yet determined whether it had jurisdiction, and the English court should exercise restraint, as the Italian court was, in any case, bound to refer the parties to arbitration under Articles II(1) and II(3) NYC. The Court of Appeal affirmed the grant of the anti-suit injunction. It noted that Article II(3) NYC did not confer exclusive jurisdiction on the Italian court. It also stated that a court of another State party to the NYC would not be offended by an anti-suit injunction restraining a party that had previously contracted not to invoke that court's jurisdiction. In so ruling, the Court laid out general standards relevant to the granting of anti-suit injunctions in support of arbitration agreements and exclusive jurisdiction agreements. |
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Attachment (1)
 Original Pending Adobe Acrobat PDF |
