West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa & Anor

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa & Anor

The obligation to arbitrate is an inseparable component of the rights transferred by subrogation under English law, which governs the arbitration agreement. The subrogated insurers are bound to pursue their claims by arbitration and not by court proceedings. The anti-suit injunction is appropriate to protect the...

Source-derived case information.

Parties
Claimant: West Tankers Inc; Defendant: RAS Riunione Adriatica di Sicurta SpA; Defendant: Generali Assicurazioni Generali SpA
Jurisdiction
England and Wales
Judgment Date
21 March 2005
Procedural Posture
Commercial Court Application (anti Suit Injunction) / Application to Set Aside Interim Anti Suit Injunction
Outcome
Application to set aside interim anti-suit injunction dismissed; permanent injunction granted.
Legal Topics
Anti Suit Injunctions, Subrogation, Arbitration Agreements, Jurisdiction, New York Convention, EU Regulation 44/2001
Arbitration Conflict of Laws Insurance Law Commercial Law Anti Suit Injunctions Subrogation Arbitration Agreements Jurisdiction +2 more

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Summary, issues, holding and outcome

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Parties

West Tankers Inc

Claimant

RAS Riunione Adriatica di Sicurta SpA

Defendant

Generali Assicurazioni Generali SpA

Defendant

Procedural Posture

Commercial Court Application (anti Suit Injunction) / Application to Set Aside Interim Anti Suit Injunction

Legal Issues

  1. 1 Whether subrogated insurers are bound by an arbitration agreement between assured and third party debtor
  2. 2 Whether English or Italian law governs the transfer of the obligation to arbitrate by subrogation
  3. 3 Whether the anti-suit injunction is compatible with EU Regulation 44/2001 and Turner v. Grovit

Ratio Decidendi

The obligation to arbitrate is an inseparable component of the rights transferred by subrogation under English law, which governs the arbitration agreement. The subrogated insurers are bound to pursue their claims by arbitration and not by court proceedings. The anti-suit injunction is appropriate to protect the owners’ contractual rights, and neither EU Regulation 44/2001 nor comity principles preclude the grant of such an injunction in support of arbitration. The application to set aside the injunction is dismissed and a permanent injunction is granted.

Court Disposition

Application to set aside interim anti-suit injunction dismissed; permanent injunction granted.

Orders

  • The interim anti-suit injunction is made permanent, restraining the defendants from proceeding with their claim in the Tribunale di Syracuse in Sicily against the claimant.