In a previous blog posting on the Heydary Hamilton PC Blog Release of Arrest of Ship in Belgium stayed pending Appeal to Canadian Federal Court of Appeal which commented on the decision of the Federal Court of Appeal in Alpha Trading Monaco Sam v The Ship “Sarah Degagnes” et al 2010 FCA 209 to grant a stay of execution from the order of the Federal Court (made on a request for an anti-suit interlocutory injunction) that the appellant cause the release of the vessel “Sarah Desgagnes” from conservatory arrest in Belgium, where it is being held to secure the appellant’s claim in proceedings in Italy against the vessel’s subtime charterer for unpaid bunkering invoices.
The Federal Court of Appeal dismissed the appeal of the order of the Federal Court on the appellants anti-suit interlocutory injunction that the appellant cause the release of the vessel “Sarah Desgagnes” from conservatory arrest in Belgium. The appeal decision is reported at Alpha Trading Monaco Sam v The Ship “Sarah Degagnes” et al 2011 FCA 41. In the reasons delivered from the Bench by Nadon J.A. the court reasoned that they ought not to interfere with the decision of the Federal Court “Given that the arrest [of the ship in Montreal] the respondents undertook to submit themselves and their ship to the jurisdiction of the Federal Court and to provide security for the appellant’s claims, and given that the re-arrest of their ship by the appellant in Belgium on May 4, 2010, in the particular circumstances of the case, clearly constitutes an attempt on the part of the appellant to take unfair advantage of the respondents by forcing them to provide security against a third party…”
David Alderson LL.B, LL.M (Lond.)
Practicing in Ontario (Canada)
Admitted (but not now practicing) in New York State, England and Wales, and Bermuda
Practiced in Dubai, UAE
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