UK: "ANNA BO" - Court Considers Anti-Suit Injunction Against Chinese Proceedings

Last Updated: 2 December 2015
Article by Martin Hall and Thomas Forkin

In the "ANNA BO", where Clyde & Co acted for the successful claimant, the Court found that an arbitration clause in a time charterparty had been validly incorporated by reference in a bill of lading. The Court also clarified the nature of its power to grant an injunction restraining foreign proceedings in breach of an arbitration agreement.

Facts and Claims

The claimant was the owner of the "ANNA BO", which had required salvage services after its cargo of nickel ore liquefied during a voyage from Indonesia to China. The defendant was the notify party identified in the bill of lading.

The bill of lading stated on its face "Freight payable as per CHARTER-PARTY dated 11/04/13" and stated on its reverse "All terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, including the Law and Arbitration Clause, are herewith incorporated."

The charterparty referred to on the face of the bill of lading was a time charterparty entered into between the claimant and charterers, and contained an arbitration clause stating that any dispute arising under it or any bill of lading issued under it was to be resolved by London arbitration with English law to apply.

The claimant commenced English arbitration proceedings against the defendant under the bill of lading, seeking an indemnity due to the loading of a dangerous cargo. The defendant commenced Chinese court proceedings seeking to recover expenses incurred in transhipping the cargo as well as the defendant's proportion of salvage and general average contributions. The claimant therefore sought an anti-suit injunction from the English High Court restraining the defendant from pursuing proceedings other than by arbitration in London.


The defendant opposed the anti-suit injunction on three grounds, namely that:

  1. It was unclear whether the time charterparty and its arbitration clause had been incorporated into the bill of lading as it was arguable that the charterparty referred to on the face of the bill of lading was not the time charterparty but rather a voyage charterparty dated 28 November 2013.
  2. The Court's power to grant the anti-suit injunction was subject to the requirements of s.44 of the Arbitration Act 1996, which governed situations such as this where arbitration had been commenced or was being contemplated. These requirements included a requirement as to urgency, which was not satisfied in this instance.
  3. There were other strong reasons not to grant the injunction; principally that it could prejudice the defendant's claim under its insurance policy by preventing the defendant from taking steps to mitigate its loss through bringing Chinese proceedings against the claimant.


The Court found that an anti-suit injunction was appropriate in the circumstances, holding the following:

  1. The bill of lading effectively incorporated the time charterparty of 11 April 2013 and its arbitration clause. Mr Justice Philips noted that where reference to a charterparty in a bill of lading was left blank it could be inferred that a voyage charterparty was intended to be incorporated ("SLS EVEREST" considered); however, this was not such a case as the bill of lading made "clear and unambiguous" reference to the 11 April 2013 charterparty on its face. As such, even the reference in the bill of lading to freight (as would be payable under a voyage charterparty) did not prevent incorporation of the time charterparty.
  2. An anti-suit injunction is not for the purposes of, or in relation to, arbitral proceedings but rather for the purposes of enforcing the negative promise in the arbitration agreement not to bring foreign proceedings (AES Ust-Kamenogorsk followed). As such, the Court's power to grant an anti-suit injunction came from s.37 Senior Courts Act 1918 and not s.44 of the 1996 Act, whose requirements did not therefore have to be satisfied for the court to make the injunction.
  3. Although the Court in any case disagreed that granting the injunction would necessarily prejudice the defendant's insurance claim, it also noted that the defendant's contractual rights against third parties such as its insurers were not something for which the claimant could be responsible given that they were not relevant to the relationship between the defendant and the claimant.


Whilst the Court's decision to grant the anti-suit injunction may not have been surprising in the circumstances, its reasoning is relevant, importantly confirming previous case law stating that there is no bar to a time charterparty being incorporated in a bill of lading .

The Court has also helpfully confirmed that its power to grant an anti-suit injunction is not related to arbitration proceedings and that a party's contractual relations with third parties should have no bearing on the decision to grant such an injunction or not.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions