References: [2005] EWHC 454 (Comm)
Links: Bailii
Coram: Mr Justice Colman
Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords.
Statutes: EC Regulation 44/2001, Administration of Justice Act 1969 12, Supreme Court Act 1981 37(1)
This case cites:
- Cited – Through Transport Mutual Insurance Association (Eurasia) Ltd -v- New India Assurance Association Company Ltd CA (Bailii, [2004] EWCA Civ 1598, [2005] 1 Lloyd’s Rep 67)
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This case is cited by:
- Appeal from – West Tankers Inc -v- Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor) HL (Bailii, [2007] UKHL 4, HL, [2007] ILPr 20, [2007] 1 Lloyd’s Rep 391, [2007] 1 All ER (Comm) 794, (2007) 23 Const LJ 458, [2007] ArbLR 61)
A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. . . - See Also – West Tankers Inc -v- Ras Riunione Adriatica Sicurta Spa and Another ComC (Bailii, [2007] EWHC 2184 (Comm))
. . - At High Court – Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) -v- West Tankers Inc (‘the Front Comor’) ECJ (Bailii, [2009] EUECJ C-185/07, C-185/07, Times, [2009] 3 WLR 696, [2009] ILPr 20, [2009] 1 Lloyd’s Rep 413, [2009] 1 All ER (Comm) 435, [2009] All ER (EC) 491, [2009] 1 CLC 96, [2009] 1 AC 1138)
(Judgement) A West Tankers ship damaged a jetty in Syracuse. An agreement provided for an arbitration in London. The insurers having paid out brought a subrogated action in Italy. West Tankers sought an order in England to restrain the Italian . . - At High Court – Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) -v- West Tankers Inc (Judgments Convention/Enforcement of Judgments) (‘the Front Comor’) ECJ (C-185/07, Bailii, [2008] EUECJ C-185/07_O, [2008] 2 Lloyd’s Rep 661)
Europa (Opinion) Regulation (EC) No 44/2001 Scope Arbitration Order restraining a person from commencing or continuing proceedings before the national courts of another Member State instead of before an arbitral . .
