Enka Insaat Ve Sanayi AS v OOO "Insurance Company Chubb" & Ors

Enka Insaat Ve Sanayi AS v OOO "Insurance Company Chubb" & Ors

The English court is not the appropriate forum to determine whether the Moscow Claim falls within the scope of the arbitration agreement; the Moscow Arbitrazh Court is the proper forum for that determination. Enka's delay, failure to pursue arbitration, and participation in Russian proceedings constitute strong reason to refuse an anti-suit injunction. The claims against all defendants are dismissed, and the jurisdiction challenge by Chubb Switzerland succeeds.

Parties
Claimant: Enka Insaat ve Sanayi A. S; Defendant: OOO Insurance Company Chubb; Defendant: Chubb Russia Investments Limited; Defendant: Chubb European Group SE; Defendant: Chubb Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2019
Procedural Posture
Commercial Court Claim for Declaratory Relief and Anti Suit Injunction / Expedited Trial, Final Judgment
Outcome
Claims dismissed; jurisdiction challenge by Chubb Switzerland succeeds; proceedings against Chubb Switzerland set aside.
Legal Topics
Anti Suit Injunctions, Governing Law of Arbitration Agreements, Forum Conveniens, Scope of Arbitration Clauses
Arbitration Conflict of Laws Commercial Law Anti Suit Injunctions Governing Law of Arbitration Agreements Forum Conveniens Scope of Arbitration Clauses

Case Brief

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Parties

Enka Insaat ve Sanayi A. S

Claimant

OOO Insurance Company Chubb

Defendant

Chubb Russia Investments Limited

Defendant

Chubb European Group SE

Defendant

Chubb Limited

Defendant

Procedural Posture

Commercial Court Claim for Declaratory Relief and Anti Suit Injunction / Expedited Trial, Final Judgment

Legal Issues

  1. 1 Whether the English court should grant an anti-suit injunction restraining Russian proceedings allegedly in breach of an ICC arbitration agreement with London seat
  2. 2 Whether the arbitration agreement is governed by English or Russian law
  3. 3 Whether the Moscow Claim falls within the scope of the arbitration agreement

Ratio Decidendi

The English court is not the appropriate forum to determine whether the Moscow Claim falls within the scope of the arbitration agreement; the Moscow Arbitrazh Court is the proper forum for that determination. Enka's delay, failure to pursue arbitration, and participation in Russian proceedings constitute strong reason to refuse an anti-suit injunction. The claims against all defendants are dismissed, and the jurisdiction challenge by Chubb Switzerland succeeds.

Court Disposition

Claims dismissed; jurisdiction challenge by Chubb Switzerland succeeds; proceedings against Chubb Switzerland set aside.

Orders

  • Enka's claims for declaratory relief and anti-suit injunction dismissed.
  • Proceedings against Chubb Switzerland set aside for lack of serious issue to be tried.