Through Transport Mutual Insurance Association (Eurasia) Ltd. v New India Assurance Co Ltd.

Through Transport Mutual Insurance Association (Eurasia) Ltd. v New India Assurance Co Ltd.

New India, by seeking indemnity from the Club in the right of Borneo Maritime Oy, became a person claiming under or through a party to the arbitration agreement within the meaning of section 82(2) Arbitration Act 1996. The resulting dispute is subject to the arbitration clause in the Club's Rules, and the court has jurisdiction under section 18 to appoint an arbitrator. The Club is entitled to invoke section 18 and have the dispute determined by arbitration.

Parties
Claimant: Through Transport Mutual Insurance Association (Eurasia) Ltd; Defendant: New India Assurance Co Ltd
Jurisdiction
England and Wales
Judgment Date
21 March 2005
Procedural Posture
Application / Judgment on Application for Appointment of Arbitrator
Outcome
Application granted
Legal Topics
Appointment of Arbitrator, Third Party Rights Against Insurers, Anti Suit Injunctions, Arbitration Agreement Scope, Statutory Transfer of Rights
Arbitration Insurance Conflict of Laws Appointment of Arbitrator Third Party Rights Against Insurers Anti Suit Injunctions Arbitration Agreement Scope Statutory Transfer of Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Through Transport Mutual Insurance Association (Eurasia) Ltd

Claimant

New India Assurance Co Ltd

Defendant

Procedural Posture

Application / Judgment on Application for Appointment of Arbitrator

Legal Issues

  1. 1 Whether New India is bound to pursue its claim against the Club in arbitration in London
  2. 2 Whether New India is a party to an arbitration agreement for purposes of section 18 Arbitration Act 1996
  3. 3 Whether the court has jurisdiction to appoint an arbitrator under section 18

Ratio Decidendi

New India, by seeking indemnity from the Club in the right of Borneo Maritime Oy, became a person claiming under or through a party to the arbitration agreement within the meaning of section 82(2) Arbitration Act 1996. The resulting dispute is subject to the arbitration clause in the Club's Rules, and the court has jurisdiction under section 18 to appoint an arbitrator. The Club is entitled to invoke section 18 and have the dispute determined by arbitration.

Court Disposition

Application granted

Orders

  • An arbitrator is appointed under section 18 of the Arbitration Act 1996 to determine the dispute between the Club and New India