RIMPACIFIC NAVIGATION INC v DAEHAN SHIPBUILDING CO LTD (THE “MV JIN MAN”) WONDER ENTERPRISES LTD v DAEHAN SHIPBUILDING CO LTD (THE “MV JIN PU”)

[2010] 2 Lloyd's Rep. 236

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice David Steel

Conflict of laws — Service out of jurisdiction — Guarantees containing English law and jurisdiction clause — Defendant contending that signatory had no authority to sign guarantees — Ostensible authority — Whether jurisdiction clause separable — Whether claimant made out good arguable case — Whether claimant entitled to anti-suit injunction — Companies Act 1985, section 36 — Foreign Companies (Execution of Documents) Regulations 1994, Regulations 3 and 4 — Civil Procedure Rules, 6BPD 3.1, paras (6)(c) and (d).