Jurisdiction(s):
United Kingdom

English Commercial Court grants anti-suit injunction: third parties enforce guarantee and LMAA arbitration clause via Contracts (Rights of Third Parties) Act—Manta Penyez v Zuhoor [2025] EWHC 353 (Comm)

Published on: 13 May 2025

Published by a LexisNexis Arbitration expert

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Article summary

Anti-suit injunctions and third parties—Manta Penyez Shipping Inc & others v Zuhoor Alsaeed Foodstuff Company Manta Penyez Shipping Inc and another v Zuhoor Alsaeed Foodstuff Company [2025] EWHC 353 (Comm) What are the practical implications of the case?

What are the practical ramifications of this decision? They can be grouped into three points.

When advisers prepare releases, guarantees and/or settlements, they should ensure the relevant provisions are wide enough to stop a party abandoning ongoing proceedings and then starting fresh proceedings to evade a non‑prosecution clause. Although, as a matter of construction or implication, the court is unlikely to allow that tactic, it is better to eliminate any doubt through careful wording of the clause.
Litigators should keep in mind the often‑overlooked Contracts (Rights of Third Parties) Act 1999. Although it is commonly excluded in contracts, where it is not, it may permit an interested third party to pursue an anti‑suit injunction founded on contractual rights.
Third, and arguably most significant, Mrs Justice Cockerill’s decision underscores the capacity of a non‑party who is not a contracting party...

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