Boluda Towage Rotterdam BV & others vs Elise Tanschiffahrt KG & another

This case involved a dispute over salvage reward and an anti-suit injunction between Boluda Towage Rotterdam BV and Elise Tanschiffahrt KG.

TLDR:

• Boluda Towage Rotterdam BV filed a claim for salvage reward and an anti-suit injunction.
• The defendants challenged the jurisdiction and sought a stay of proceedings.
• The court granted an interim anti-suit injunction and dismissed the stay application.

The claimants in this case were Boluda Towage Rotterdam BV ('Boluda'), the operator of the tug 'VB Rebel', Rebel, the owner of the tug, and the crew of the tug. The defendants were the owner and charterer of the tanker 'Stela'. The dispute arose from a salvage operation conducted by the tug on the tanker.

On 14 November 2023, the tanker 'Stela' grounded on rocks at Scheurhaven, Holland. The tug 'VB Rebel' assisted in refloating the tanker and towed it to safety. A Certificate of Safe Delivery was signed by the masters of both vessels, which included a clause stating that any disputes would be settled in London under English law.

The claimants sought a salvage reward and an anti-suit injunction to prevent the defendants from pursuing related proceedings in the Netherlands. The defendants challenged the jurisdiction of the English court and sought a stay of proceedings, arguing that the Dutch court was the more appropriate forum.

The court examined the evidence and found that the Certificate of Safe Delivery created a binding commitment to English law and jurisdiction. The court dismissed the defendants' stay application, stating that the Dutch court was not the more appropriate forum for the dispute governed by English law.

The court granted an interim anti-suit injunction to restrain the defendants from continuing the Dutch proceedings, pending the resolution of the claims in the English court. The court emphasized the importance of adhering to the agreed jurisdiction clause and highlighted the potential for vexatious and oppressive litigation if the claims were allowed to proceed in multiple jurisdictions.

This case underscores the significance of jurisdiction clauses in maritime contracts and the court's role in enforcing such agreements to prevent forum shopping and ensure efficient resolution of disputes.

Legal representatives: Thomas Steward (instructed by Penningtons Manches Cooper Llp LLP) for the Claimants, William Mitchell (instructed by Andrew Jackson Solicitors LLP) for the Defendants.

Judicial Panel: The Honourable Mr Justice Andrew Baker

Case Citation Reference: [2024] EWHC 1329 (Admlty)