In Trafigura PTE Ltd v Société Nationale de Raffinage [2026] EWHC 1914 (Comm), handed down by Mr Justice Michael Green on 30 July 2026, Trafigura obtained final mandatory anti-suit (ASI) relief against SONARA, obliging them to discontinue proceedings brought in the Court of First Instance of Limbe, Cameroon, to suspend payment under a Letter of Credit (LoC) following a quality dispute under a gasoline sale contract.
The sale contract contained an exclusive jurisdiction clause (EJC) in favour of the English High Court, subject to an express exception for “arrest, attachment and/or other conservatory, interlocutory or interim actions in any court…” SONARA argued the Limbe proceedings fell within the exception as they were interim in character and sought only suspensory relief, rather than determination of the quality dispute.
The Court disagreed, construing the exception as extending only to proceedings for interim relief protective of proceedings brought in the correct forum. The Court held that, as matter of substance, the Limbe Proceedings were, at least in part, intended to subvert the agreed payment mechanism and “pay now, argue later” risk allocation under the sale contract and were not to obtain security for a substantive dispute to be tried in the High Court. As such the Court was satisfied that Trafigura had shown a breach of the EJC to a high degree of probability and that it was appropriate to grant final mandatory ASI relief and award indemnity costs.
This case is a useful reminder of the English Court's robust approach to enforcing EJCs and protecting the autonomy of LoCs in international trade, and that the Court will look at the substance rather than the form of the foreign proceedings, to determine whether there has been a breach of the EJC.
Henry Ellis appeared for Trafigura Pte Ltd at the return date. Nicola Allsop obtained the original ASI Order ex parte. Both were instructed by Michael Buisset, Caroline West and Zoe Fahmy of HFW.
