Palm oil and palm olein were sold and shipped by Pacific Inter-Link SDN BHD (PIL) to Al-Riyadh. The cargo was carried on the Lucky Lady from Malaysia to Jordan. The owner of the vessel was Ladies Shipping Ltd (LSL), who time chartered it to Navig8, who in turn sub-chartered it to PIL. The sub-charter provided for English law and arbitration in London. The bills of lading incorporated the terms of the charterparties but did not expressly incorporate the arbitration agreement. The cargo was delivered in poor condition. Al-Riyadh rejected it and commenced proceedings against PIL and Navig8 in Aqaba, Jordan. Navig8 started proceedings in London. As part of the proceedings, it sought an anti-suit injunction against Al-Riyadh on the basis that the proceedings brought in Jordan were vexatious and oppressive. One of the reasons for this claim was that under Jordanian law the Hamburg Rules apply which would afford less protection than the Hague Rules incorporated into the bills of lading.

Held: The proceedings started by Al-Riyadh in Jordan were not considered to be unconscionable for being brought in a jurisdiction where the Hamburg Rules apply as opposed to the Hague Rules provided for in the bills of lading (see in particular paras 15, 17).