NAVIGATORS INSURANCE CO V MOHAMMED AND ANOTHER

[2015] EWHC 1137 (Comm), Commercial Court, Queen's Bench Division, Mr Justice Eder, 20 February 2015

Conflicts of law - Declaration of non-liability - Whether res judicata - Whether claimant had submitted to the Abu Dhabi court

The claimant was the P&I insurer of Aludra and the defendants were her registered owner and her manager. In these proceedings the claimant sought a declaration of non-liability under the terms of the insurance policy in respect of events that had resulted in the fouling of an underwater cable by the ship's anchor. The policy contained an exclusive English jurisdiction clause and a choice of English law. The defendant challenged the jurisdiction of the English court on the ground that the matter was res judicata as a result of a judgment from the Abu Dhabi court in proceedings against a different defendant, which - the claimant alleged - had falsely represented to the court that it was the owner of the vessel. The judge declined to hold that the claimant by its conduct had submitted to the Abu Dhabi court rendering the matter res judicata. Further, it was at least arguable that a party engaging in a discussion on the merits alongside an objection to jurisdiction was not necessarily submitting to the court.