QBE EUROPE SA/NV & Anor v GENERALI ESPAÑA DE SEGUROS Y REASEGUROS

Parties

Procedural Posture

Commercial Court Application (anti Suit Injunction) / 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 insurance policy and thus subject to the London arbitration agreement
2. 2 Whether the English court should grant an anti-suit injunction to restrain Generali from pursuing or commencing proceedings in Spain contrary to the arbitration agreement
3. 3 Whether the direct action right under Article 465 of the Spanish Maritime Navigation Act 2014 is contractual in substance and conditioned by the arbitration clause

Ratio Decidendi

The right conferred by Article 465 of the Spanish Maritime Navigation Act 2014 is, in substance, a right to enforce the insurer’s contractual obligation to indemnify under the Policy, and is therefore conditioned by the London arbitration agreement. Generali’s Spanish proceedings are an attempt to enforce such contractual rights and should be restrained by an anti-suit injunction. There are no strong reasons to refuse relief, and considerations of comity or Spanish public policy do not outweigh the English court’s policy of upholding arbitration agreements.

Court Disposition

Anti-suit injunction granted

Orders

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