DLA Piper has successfully represented its clients Jiangsu Eastern Heavy Industry Co, a large shipyard in China, and Chinese trading house Ningbo Ningshing International in a litigation case in the English High Court.
The case related to a claim against both Jiangsu Eastern and Ningbo Ningshing (the sellers) in relation to two shipbuilding contracts with Primera Maritime (Hellas) for the order of two bulk carriers to be built at Jiangsu Eastern in China. The claims arose in connection with both contracts and were referred to arbitration in London.
Primera claimed that the sellers had been in anticipatory breach of contract by refusing to perform the contracts in accordance with their terms, specifically in relation to delivery dates, and thereby having renounced the contracts. The arbitration hearing dismissed Primera’s claims and found that although the sellers had renounced the initial contracts, they had then been later affirmed by Primera.
The application by Primera to the English High Court sought to set aside the findings of the arbitration, claiming that it failed to deal with two issues: that the renunciation by the sellers was continuous; and in relation to the quantum of their claim. The English High Court dismissed the application, finding in favour of Jiangsu Eastern and Ningbo Ningshing.
The team was led by Ernest Yang and supported by Sharon Leung (senior associate).