In the case of Qingdao Huiquan Shipping Company v Shanghai Dong He Xin Industry Group Co Ltd – QBD (Comm Ct) (Bryan J) [2018] EWHC 3009 (Comm) – 25 September 2018, the claimant owners concluded a settlement agreement with cargo receivers Emori (China) Co Ltd (Emori) settling certain disputes between them in relation to the delivery of a cargo of nickel ore pursuant to the Settlement Agreement. The Settlement Agreement was governed by English law and contained a London arbitration clause. This agreement involved the payment of sums by Emori to lift a lien over the cargo exercised by the owners following the default of the time charterers in paying hire.
It was a term of the Settlement Agreement that Emori would procure payment of the agreed sums to the owners by the defendant (SDHX) as Emori’s “authorised agent” but SDHX itself was not a party to the Settlement Agreement.
See attached file: ALCO20190001 Settlement Agreement and anti-suit injunction against the third party.pdf
对第三方的和解协议及禁诉令
在2018年9月25日的Qingdao Huiquan Shipping Company v Shanghai Dong He Xin Industry Group Co Ltd – QBD (Comm Ct) (Bryan J) [2018] EWHC 3009 (Comm)案中，原告船东与收货人Emori（中国）有限公司（简称Emori）订立和解协议，以解决在交付一批镍矿石时所发生的纠纷。该和解协议受英国法律制约且并入了伦敦仲裁条款。该协议涉及Emori赔付金额，以解除船东在租船人拖欠租金后对货物行使的留置权。
和解协议的一个条款是，被告(SDHX)将作为Emori的“正式委托代理人”向船东支付和解款项，但SDHX本身不是和解协议的缔约方。
详细信息请参阅附件。
