Arbitration Law Monthly
Breach of arbitration clause: anti-suit injunction
The facts of QBE Europe SA/NV v Generali Espana de Seguros y Reaseguros [2022] EWHC 2062 (Comm) were fairly typical of those arising where a policy issued by marine insurers contains London arbitration provisions and an attempt is made by a third party to claim against the insurers in judicial proceedings in some other jurisdiction and based on the direct actions legislation of that jurisdiction. FoxtonJ, applying well-established principles, held that relief in the form of an anti-suit injunction should be granted.
QBE: the facts