In order to deliver a personalised, responsive service and to improve the site, we remember and store information about how you use it. This is done using simple text files called cookies which sit on your computer. By continuing to use this site and access its features, you are consenting to our use of cookies.
To find out more about the way Informa Law uses cookies please go to our Cookie Policy page. Close

Anti-suit injunctions: third parties

Arbitration Law Monthly

Anti-suit injunctions: third parties

In Shipowners’ Mutual Protection and Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat ve Ticaret AS (The Yusuf Cepnioglu) [2016] EWCA Civ 386, the Court of Appeal has upheld the first instance decision of Teare J, [2015] 1 Lloyd’s Rep 567, holding that an anti-suit injunction is in principle awardable against a third party who brings a claim in reliance on a contract containing an arbitration clause.

The point most commonly arises in the context of liability insurance provided to shipowners by P&I Clubs. The rules of P&I Clubs provide for disputes between the shipowner and the Club to be resolved by arbitration in London, and they also provide that the shipowner must make payment to the third party as a precondition to recovering under the insurance.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more