Sub-bailment on terms and anti-anti-arbitration injunction: Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm)

This case involved ongoing proceedings in the Malaysian High Court and arbitration under the London Maritime Arbitrators Association (LMAA). An application for an anti-anti-arbitration injunction was subsequently made before the English Commercial Court. The court refused to grant an anti- anti-arbitration injunction against Malaysian proceedings primarily based upon comity in international disputes. This comment focuses on the question of whether arbitration clauses are binding on third parties by virtue of sub- bailment on terms.