Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb & Ors (Rev 1)

Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb & Ors (Rev 1)

The English court, as the court of the seat, is the appropriate forum to grant anti-suit injunctions to protect the arbitration agreement. The proper law of the arbitration agreement in this case is English law, and the Moscow Claim was brought in breach of the arbitration agreement. There was no strong reason to refuse injunctive relief.

Parties
Claimant/appellant: ENKA INSAAT VE SANAYI A. S.; First Defendant/respondent: OOO 'INSURANCE COMPANY CHUBB'; Second Defendant/respondent: CHUBB RUSSIA INVESTMENTS LIMITED; Third Defendant/respondent: CHUBB EUROPEAN GROUP SE; Fourth Defendant/respondent: CHUBB LIMITED
Jurisdiction
England and Wales
Judgment Date
29 April 2020
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing Anti Suit Injunction
Outcome
Appeal allowed
Legal Topics
Anti Suit Injunctions, Proper Law of Arbitration Agreement, Jurisdiction of Curial Court, Forum Non Conveniens, Supervisory Jurisdiction of Seat Court
Arbitration Conflict of Laws Commercial Law Anti Suit Injunctions Proper Law of Arbitration Agreement Jurisdiction of Curial Court Forum Non Conveniens Supervisory Jurisdiction of Seat Court

Case Brief

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Parties

ENKA INSAAT VE SANAYI A. S.

Claimant/appellant

OOO 'INSURANCE COMPANY CHUBB'

First Defendant/respondent

CHUBB RUSSIA INVESTMENTS LIMITED

Second Defendant/respondent

CHUBB EUROPEAN GROUP SE

Third Defendant/respondent

CHUBB LIMITED

Fourth Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing Anti Suit Injunction

Legal Issues

  1. 1 Whether the English court as the court of the seat is the appropriate forum to grant anti-suit relief
  2. 2 What is the proper law of the arbitration agreement in the absence of an express choice
  3. 3 Whether the Moscow Claim was brought in breach of the arbitration agreement

Ratio Decidendi

The English court, as the court of the seat, is the appropriate forum to grant anti-suit injunctions to protect the arbitration agreement. The proper law of the arbitration agreement in this case is English law, and the Moscow Claim was brought in breach of the arbitration agreement. There was no strong reason to refuse injunctive relief.

Court Disposition

Appeal allowed

Orders

  • Anti-suit injunction granted restraining Chubb Russia from pursuing Russian proceedings against Enka in breach of the arbitration agreement
  • Enka to provide an undertaking not to treat the Russian court's decision as giving rise to an issue estoppel in any subsequent arbitration