Anti-suit injunctions: third-party claims

It is settled law in England that a person seeking to rely upon an insurance policy to which he is not a party is nevertheless bound by the terms of the policy, including any arbitration clause. The point has arisen in an unusual context in Hong Kong, in AIG Insurance Hong Kong Ltd v McCullogh and Another [2019] HKCFI 1649. English principles were there applied. The decision was handed down by Sir William Blair, retired Commercial Court judge and sitting as a Deputy High Court Judge of the Hong Kong Court of First Instance.

McCullogh : the facts