ADG Legal’s International Arbitration team secures emergency injunction restraining vessel in fuel supply dispute

ADG Legal is proud to announce the recent success of our International Arbitration team. Headed by Josh Kemp, and together with Senior Associate Arthur Dedels and Partner John Podgore, our team obtained emergency injunctive relief in DIAC arbitration proceedings for the restraint of an oil tanker located in Brazilian waters. ADG obtained ex parte orders within 24 hours of application and was again successful in continuing the injunction after a fully contested hearing.

ADG acted for the Claimant purchaser of diesel fuel from a Middle East trader, for delivery at the São Paulo port of Santos. The seller failed to discharge the product within the agreed laycan period. However, the vessel remained in Brazilian territorial waters.

ADG worked alongside Brazilian counsel who obtained temporary arrest orders in the São Paulo courts. For any extension of urgent measures, the Brazlian Courts deferred to the DIAC Tribunal which had yet to be formed.

This result confirms the efficiency of DIAC emergency procedures and its capacity to deliver pragmatic outcomes under the framework of the 2022 Arbitration Rules.

Our International Arbitration Team consisting of Josh Kemp, David McCoy, Arthur Dedels and Carolina Gamba are involved in a number of similar cases in DIAC and other arbitration proceedings in oil, precious minerals and other commodities trading, often assisting clients of ADG Legal’s Transactional Team headed by John Podgore.

Please feel free to get in touch with our team for any assistance.