After a fire in a power plant in Russia, Chubb Russia, the insurers brought proceedings in Russia against Enka, a subcontractor, alleging liability for the fire. Enka began proceedings in England contending that the dispute was subject to an arbitration agreement in the contract under which it had performed the works, and seeking an order that Chubb Russia discontinue the Russian Proceedings (‘an anti-suit injunction’).
Enka’s claim was dismissed by the High Court at first instance at an expedited trial. The Court of Appeal subsequently allowed Enka’s appeal, granting an anti-suit injunction and restraining Chubb Russia from appealing the decision of the Russian court. Chubb Russia seeks to appeal.
Bailii Press Summary, Bailii, Bailii Summary
England and Wales
Citing:
At ComC – Enka Insaat Ve Sanayi As v Ooo ‘Insurance Company Chubb’ and Others ComC 20-Dec-2019
Anti-suit injunction to restrain foreign proceedings said to be in breach of agreement to refer disputes to ICC arbitration with London seat.
Held: Refused . .
Appeal from – Enka Insaat Ve Sanayi As v OOO ‘Insurance Company Chubb’ and Others CA 29-Apr-2020
Appeal against a decision at trial not to grant an anti-suit injunction against a party alleged to be in breach of a London arbitration clause by bringing proceedings in Russia. It concerns the significance to be attached to the choice of London as . .
Lists of cited by and citing cases may be incomplete.
Arbitration, Litigation Practice, International
Updated: 10 January 2022; Ref: scu.654664
