QBE Europe v Generali. Move over, West Tankers!

Update 16 September 2022 see Francisco Quintay, mine and others’ pondering on the enforcement implications, here and here. I agree the position of EU-based parties faced with an ASI, is interesting. ignoring an ASI leads to a contempt judgment, infringement of which is a criminal offence. Unlike Francisco I am not convinced that enforcement of a contempt order would fail under ordre public in the EU.

QBE Europe SA/NV v Generali Espana De Seguros Y Reaseguros [2022] EWHC 2062 (Comm) is not a surprising judgment of course. I flagged it on Twitter early August and I post it here for the sake of blog completeness.

The judgment grants an urgent anti-suit injunction (ASI) to restrain proceedings brought by the Defendant (Generali) against QBE UK in Spain, and to prevent Generali from commencing similar proceedings against QBE Europe. The proceedings in Spain assert a direct claim against QBE UK under a Spanish statute, by reference to a liability insurance policy. The judgment is exactly the kind of ASI outlawed by CJEU West Tankers and will reinforce the position of London in the arbitration market.

Geert.

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