HFW secures discontinuance of English High Court claims against Indonesian state-owned miner ANTAM

Global, sector-focused law firm HFW has successfully assisted PT ANTAM Tbk (ANTAM), one of Indonesia’s leading state-owned mining enterprises, in bringing English High Court proceedings arising from the sinking of the M/V Emerald Star to an end.

ANTAM is a member of MIND ID, Indonesia’s state-owned mining industry holding company, and is a vertically integrated, export-oriented mining and metals company. It is listed on the Main Board of the Indonesia Stock Exchange under the ticker ANTM.

The proceedings stemmed from the loss of the M/V Emerald Star, a Hong Kong-registered bulk carrier that sank on 13 October 2017 after encountering Tropical Storm Khannun while transporting nickel ore from Indonesia to China. The incident gave rise to complex cross-border claims involving multiple parties and jurisdictions.

The dispute involved a rare combination of shipping, commodities, mining and insurance issues, including English court jurisdiction and forum conveniens, Indonesian shipping law, bills of lading and charterparty incorporation, Hong Kong company restoration proceedings and standing, UAE law on assignment and subrogation, third-party litigation funding, and the common law doctrines of maintenance and champerty.

Following ANTAM’s jurisdictional challenge, the Claimants (Shipowners and Insurers) filed a Notice of Discontinuance in respect of all claims, bringing the English proceedings to an end. The Claimants are liable for ANTAM’s costs of those proceedings. Related Hong Kong company restoration proceedings concerning the Shipowners, Dubai Bulkers Limited, have also been dismissed, with costs in ANTAM’s favour.

The outcome brings to a close the long-running English and related Hong Kong litigation arising from the vessel’s sinking, avoiding the time and expense of further litigation in England.

The HFW team was led by Sumarsono Darsono, an Indonesian partner in the firm’s Hong Kong office, supported by Associate Jennifer Leung. The team brought together lawyers from HFW’s London, Hong Kong and Dubai offices to deliver a coordinated strategy across the jurisdictions involved.

Sumarsono (Jacky) Darsono, Partner, HFW:

“We are very pleased to have helped ANTAM bring this long-running dispute to a close. The matter showcases our ability to support clients in complex, high-value cross-border disputes by bringing together local insight, international reach and sector-specific expertise. We look forward to continuing to deliver high-quality legal services to clients across Asia Pacific.”