Arbitral Digest

Matter

Euronav Shipping NV v Black Swan Petroleum DMCC (High Court of Justice CL-2024-000069)

Euronav v Black Swan concerns cargo conversion, Malaysian anti-arbitration measures and English court treatment of competing arbitration proceedings.

  • International commercial arbitration
  • Anti-suit injunctions
  • Jurisdiction and arbitration agreements
  • Interim measures
Industry type
Transportation and storage
Applicable rules
LMAA Terms

Procedural record

  1. 14 September 2023Malaysia

    14 September 2023Malaysia

    Arrest warrant of the High Court of Malaysia dated 14 September 2023

    High Court of Malaysia

    Decision summary
    The High Court of Malaysia issued an arrest warrant for the Vessel on Black Swan Petroleum DMCC's application, alleging that Euronav Shipping NV was a sub-bailee of the Cargo and had unlawfully converted it by surrendering possession to the United States Department of Justice.

    Participants

    Euronav Shipping NV
    Black Swan Petroleum DMCC
    High Court of Malaysia

    2 months and 29 days later · 90 days

  2. 13 December 2023Malaysia

    13 December 2023Malaysia

    Order of the High Court of Malaysia dated 13 December 2023

    High Court of Malaysia

    Decision summary
    The court dismissed Euronav Shipping NV's application to stay or strike out the Malaysian proceedings, including its request for a stay in favour of arbitration, holding that Euronav had taken a step in the proceedings by applying to strike out the claim.

    Participants

    Euronav Shipping NV
    Black Swan Petroleum DMCC
    High Court of Malaysia
    Judge
    Ong Chee Kwan J

    9 days later · 9 days

  3. 22 December 2023Arbitration

    22 December 2023Arbitration

    Tribunal order dated 22 December 2023

    Decision summary
    The tribunal decided by a majority that Black Swan Petroleum DMCC's jurisdiction challenge should not be determined as a preliminary issue and issued a formal order to that effect.

    Participants

    Euronav Shipping NV
    Black Swan Petroleum DMCC

    20 days later · 20 days

  4. 11 January 2024Arbitration

    11 January 2024Arbitration

    Tribunal order dated 11 January 2024

    Decision summary
    The tribunal rejected Black Swan Petroleum DMCC's application for a stay of the London arbitration because it was inconsistent with the tribunal's duties.

    Participants

    Euronav Shipping NV
    Black Swan Petroleum DMCC

    14 days later · 14 days

  5. 25 January 2024Arbitration

    25 January 2024Arbitration

    Tribunal order dated 25 January 2024

    Decision summary
    The tribunal fixed a final hearing to determine all substantive issues, starting on 1 July 2024.

    Participants

    Euronav Shipping NV
    Black Swan Petroleum DMCC

    13 days later · 13 days

  6. 7 February 2024Malaysia

    7 February 2024Malaysia

    Anti-arbitration order of the High Court of Malaysia dated 7 February 2024

    High Court of Malaysia

    Decision summary
    The court restrained Euronav Shipping NV from continuing the London arbitration until final disposal of its appeal from the Malaysian stay ruling and from commencing any new arbitration concerning the Cargo.

    Participants

    Euronav Shipping NV
    Black Swan Petroleum DMCC
    High Court of Malaysia

    2 months and 19 days later · 79 days

  7. 26 April 2024United Kingdom

    26 April 2024United Kingdom

    Judgment of the High Court of Justice, King's Bench Division, Commercial Court in the case CL-2024-000069 dated 26 April 2024

    High Court of Justice, King's Bench Division, Commercial Court

    Case no.
    CL-2024-000069
    Citation
    [2024] EWHC 896 (Comm)
    Decision summary
    The court adjourned Euronav Shipping NV's application for an anti-anti-arbitration injunction, with liberty to restore it after final determination of Euronav's appeal concerning its submission to the jurisdiction of the High Court of Malaysia. It declined to grant or dismiss the injunction at that stage because of comity, the risk of duplicative proceedings, and the binding effect pending appeal of the Malaysian submission ruling.

    Participants

    Euronav Shipping NV
    Representative
    Robert Thomas KC (For: Euronav Shipping NV)
    Representative
    Paul Toms KC (For: Euronav Shipping NV)
    Representative
    Preston Turnbull LLP (For: Euronav Shipping NV)
    Black Swan Petroleum DMCC
    Representative
    Oliver Caplin KC (For: Black Swan Petroleum DMCC)
    Representative
    Campbell Johnston Clark Ltd (For: Black Swan Petroleum DMCC)
    High Court of Justice, King's Bench Division, Commercial Court
    Judge
    His Honour Judge Pelling KC

    Authorities cited

    11
    • Senior Courts Act 1981
      statute
    • Arbitration Act 1996 of England and Wales (Arbitration Act 1996)
      statute
    • Malaysian Arbitration Act
      statute
    • Times Trading Corporation v National Bank of Fujairah (Dubai Branch) ([2020] EWHC 1078 (Comm))
      case-law
    • Emmott v Michael Wilson & Partners Ltd ([2018] 1 Lloyd's Rep 299)
      case-law
    • LLC Eurochem North-West-2 v Tecnimont SPA and another ([2023] EWCA Civ 688)
      case-law
    • The Angelic Grace ([1995] 1 Lloyd's Rep 87)
      case-law
    • Donohue v Armco Inc ([2002] 1 All ER 749)
      case-law
    • The Pioneer Container ([1994] 2 AC 324)
      case-law
    • Excalibur Ventures v Texas Keystone ([2011] 2 Lloyds Rep 289)
      case-law
    • Credit Suisse First Boston (Europe) v MLC (Bermuda) ([1999] 1 Lloyds Rep 767)
      case-law

Matter record

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Euronav Shipping NV v Black Swan Petroleum DMCC (High Court of Justice CL-2024-000069) · Matter