“We note that the Notice of Arbitration purports to commence an arbitration against Rosalind. However at the material time the Vessel was bareboat chartered to Times Trading Corp… The Bills of Lading were not issued by Rosalind but were issued by Times. Accordingly, we do not accept the validity of the Notice of Arbitration and our client will contend that the Notice of Arbitration purports to start an arbitration against the wrong party.”
“12.— Power of court to extend time for beginning arbitral proceedings, &c. (1)Where an arbitration agreement to refer future disputes to arbitration provides that a claim shall be barred, or the claimant's right extinguished, unless the claimant takes within a time fixed by the agreement some step— (a) to begin arbitral proceedings… the court may by order extend the time for taking that step. (2)… (a) to begin arbitral proceedings… (a). …, or (b). that the conduct of one party makes it unjust to hold the other party to the strict terms of the provision in question.”
“WAV is bound by the arbitration agreement not because there is any privity of contract between WAV and DVA but because Voest's contractual rights under the sub-charter-party, to the benefit of which WAV has become entitled by subrogation, are subject to the arbitration agreement which, too, is part of the sub-charter-party. WAV cannot enforce those contractual rights without accepting the contractual burden, in the form of the arbitration agreement to which those rights are subject.”
“The present case falls clearly within the scope of [the Aerospatiale] jurisdiction because the application of the time charterers for an injunction has been made to protect a contractual right of the time charterers that the dispute be referred to arbitration, a contractual right which equity requires the insurance company to recognise.”
“The commencement of proceedings contrary to the arbitration clause is, … sufficiently vexatious and oppressive, or at any rate sufficiently unconscionable and unjust, to provide sufficient grounds for the court's intervention by way of the equitable remedy of an injunction. The position is no doubt at its clearest when the proceedings are between original parties to the arbitration agreement, but the rationale of the decision in the ‘Angelic Grace’ applies equally to both cases.”
“The difference, to the extent there is one, is that Longmore LJ is saying that the Angelic Grace applies; Moore Bick LJ is saying that in the quasicontractual situation, vexation and oppression should be treated as applying in parallel to the Angelic Grace. The result is almost the same.”
“the injunction Claimant denies the very existence of the contract under which he is sued, or otherwise denies the validity of the contract in a way which would also impeach the exclusive forum clause, or denies that he owes any contractual duties to or has any contractual rights against the injunction Defendant … but the injunction Defendant in effect seeks to make a claim under the contract, while not seeking to respect the forum clause which forms part of it.”
“The basis of such an injunction must be that it is inequitable or oppressive and vexatious for a charterer to bring a contractual claim without respecting the arbitration clause in the charterparty, notwithstanding that the party seeking the injunction denied that it was bound by the charterparty.” ii) However at [34] it was put thus: “it would be inequitable or oppressive and vexatious for a party to a contract, in the present case IB Maroc, to seek to enforce a contractual claim arising out of that contract without respecting the jurisdiction clause within that contract. If the approach of Longmore LJ in The Yusuf Cepnioglu is applicable to the present case the reason is simply that IB Maroc, when seeking to enforce a contractual right, is bound to accept that its claim must be 'handled through the English courts' as required by the contract in question.”