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Insurance Law Monthly

Anti-suit injunctions

Anti-suit injunctions in subrogation proceedings

Shortly after the Court of Appeal decided Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd [2005] 1 Lloyd’s Rep 67 , issues as to its correctness and scope were raised before Colman J in West Tankers Inc v (1) Ras Riunione Adriatica di Sicurta SpA (2) The Front Comor [2005] EWHC 454 (Comm). The case has important implications for insurers exercising subrogation rights against a wrongdoer who may be proceeded against only in arbitration.

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