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Steamship Mutual Underwriting Association (Bermuda) Limited -v- Sulpicio Lines

4th Apr 2008

[2008] 2 Lloyd’s Rep. 269

Robert Bright QC and Jessica Sutherland acted for the Claimant, successfully obtaining a permanent anti suit injunction in support of English arbitration proceedings.

The application raised issues as to the interrelationship between sections 1(c) and 44 of the Arbitration Act 1996 and section 37 of the Supreme Court Act 1981. The Court endorsed the approach of the Court of Appeal in Welex AG v Rosa Maritime Limited (“The Epsilon Rosa”) [2003] 2 Lloyd’s Rep 509 and the Commercial Court in Vale Do Rio Doce Navegacao S.A and another v Shanghai Bao Steel Ocean Shipping Co Ltd and another [2000] 2 Lloyd’s Rep.