QBE Europe SA/NV & Anor v Generali Espana De Seguros Y Reaseguros [2022] EWHC 2062 (Comm) (01 August 2022)

QBE Europe SA/NV & Anor v Generali Espana De Seguros Y Reaseguros [2022] EWHC 2062 (Comm) (01 August 2022)

The Spanish proceedings brought by Generali are, in substance, an attempt to enforce the contractual rights of the Owners under the Policy, which is subject to a London arbitration agreement. The right of direct action under Article 465 of the Spanish Maritime Navigation Act 2014 is, as a matter of substance, a right to enforce contractual obligations arising under the insurance policy. Accordingly, Generali is bound by the arbitration agreement, and the English court will grant an anti-suit injunction restraining Generali from pursuing or commencing proceedings in Spain contrary to the arbitration agreement.

Citation
[2022] EWHC 2062 (Comm)
Parties
Claimant: QBE Europe SA/NV; Claimant: QBE (UK) Limited; Defendant: Generali España de Seguros y Reaseguros
Jurisdiction
England and Wales
Judgment Date
01 August 2022
Procedural Posture
Commercial Court Anti Suit Injunction Application / Judgment on Application for Anti Suit Injunction
Outcome
Anti-suit injunction granted
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Direct Action Statutes, Jurisdiction Clauses, Subrogation, Enforcement of Foreign Judgments
Insurance Law Arbitration Conflict of Laws Maritime Law Anti Suit Injunctions Arbitration Agreements Direct Action Statutes Jurisdiction Clauses +2 more

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Parties

QBE Europe SA/NV

Claimant

QBE (UK) Limited

Claimant

Generali España de Seguros y Reaseguros

Defendant

Procedural Posture

Commercial Court Anti Suit Injunction Application / Judgment on Application for Anti Suit Injunction

Legal Issues

  1. 1 Whether the Spanish proceedings brought by Generali against QBE UK are in substance an attempt to enforce contractual rights under the Policy and thus subject to the London arbitration agreement
  2. 2 Whether the English court should grant an anti-suit injunction restraining Generali from pursuing or commencing proceedings in Spain contrary to the arbitration agreement
  3. 3 Whether Article 465 of the Spanish Maritime Navigation Act 2014 creates a right that is in substance contractual or independent of the Policy

Ratio Decidendi

The Spanish proceedings brought by Generali are, in substance, an attempt to enforce the contractual rights of the Owners under the Policy, which is subject to a London arbitration agreement. The right of direct action under Article 465 of the Spanish Maritime Navigation Act 2014 is, as a matter of substance, a right to enforce contractual obligations arising under the insurance policy. Accordingly, Generali is bound by the arbitration agreement, and the English court will grant an anti-suit injunction restraining Generali from pursuing or commencing proceedings in Spain contrary to the arbitration agreement.

Court Disposition

Anti-suit injunction granted

Orders

  • Generali is restrained from continuing the Spanish proceedings against QBE UK.
  • Generali is restrained from commencing similar proceedings against QBE Europe.