An exclusive jurisdiction clause binds consignees: MSC Mediterranean Shipping Co SA and Others v Interglobal Technologies Ltd and Others (The “MSC Tasmania”) [2025] EWHC 1464 (Comm)

English courts will grant an anti-suit injunction in relation to breach of an arbitration clause to arbitrate, or breach of an exclusive jurisdiction clause to proceed in the High Court. Therefore, the existence of an arbitration clause or an exclusive jurisdiction clause is a prerequisite for applying for an anti-suit injunction. Such clauses may exist in the terms of bills of lading or through incorporation or reference. The decision of The MSC Tasmania affirms that the consignees named in the bills of lading are bound by the terms of the bills of lading including arbitration or jurisdiction clauses.

Publication Details

Journal
ePrints Soton (University of Southampton)
Published
2025-08-30
Primary Topic
Law, logistics, and international trade
Type
article
Field-Weighted Citation Impact
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article

An exclusive jurisdiction clause binds consignees: MSC Mediterranean Shipping Co SA and Others v Interglobal Technologies Ltd and Others (The “MSC Tasmania”) [2025] EWHC 1464 (Comm)

ePrints Soton (University of Southampton)
Law, logistics, and international trade
article

An exclusive jurisdiction clause binds consignees: MSC Mediterranean Shipping Co SA and Others v Interglobal Technologies Ltd and Others (The “MSC Tasmania”) [2025] EWHC 1464 (Comm)

article en

Abstract

English courts will grant an anti-suit injunction in relation to breach of an arbitration clause to arbitrate, or breach of an exclusive jurisdiction clause to proceed in the High Court. Therefore, the existence of an arbitration clause or an exclusive jurisdiction clause is a prerequisite for applying for an anti-suit injunction. Such clauses may exist in the terms of bills of lading or through incorporation or reference. The decision of The MSC Tasmania affirms that the consignees named in the bills of lading are bound by the terms of the bills of lading including arbitration or jurisdiction clauses.

ePrints Soton (University of Southampton)
Peace, Justice and strong institutions
Openalex Percentile: Top 28%
Law, logistics, and international trade
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An exclusive jurisdiction clause binds consignees: MSC Mediterranean Shipping Co SA and Others v Interglobal Technologies Ltd and Others (The “MSC Tasmania”) [2025] EWHC 1464 (Comm) · ePrints Soton (University of Southampton) (2025) | TGRS Research Map | TGRS