Anti-suit injunctions in arbitration cases

Subrogation proceedings

The decision of the Court of Appeal in Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd [2005] 1 Lloyd’s Rep 67 has established, albeit almost certainly only temporarily, that the English courts retain their power to grant an anti-suit injunction to restrain the defendant from continuing proceedings in another court within the EEA or EFTA where those proceedings are allegedly in breach of an arbitration clause. The issue before Colman J in West Tankers Inc v Ras Riunione Adriatica di Sicurta SpA, The Front Comor [2005] EWHC 454 (Comm) was whether the same principle applied to a defendant insurer who sought to exercise subrogation rights. Colman J held that the situations could not be distinguished.