QBE EUROPE SA/NV AND ANOTHER V GENERALI ESPAÑA DE SEGUROS Y REASEGUROS

[2022] EWHC 2062 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Foxton, 1 August 2022

Arbitration – Anti-suit injunction – Foreign proceedings in breach of arbitration clause – Nature of legislation conferring right of action – Senior Courts Act 1981, section 37

On 3 July 2016 damage was caused to an undersea power cable owned by Red Eléctrica de España (REE) and linking the islands of Mallorca and Menorca. There was hydrocarbon pollution to the local area. REE's property insurers, including Generali, provided an indemnity. The damage was allegedly the consequence of an incident involving the motor yacht Angara. She was insured by QBE under a marine policy containing a London arbitration clause.