Preventing the reopening of reinsurance arbitrations

The decision of the House of Lords in West Tankers Inc v RAS Riunione Adriatica di Sicurta SpA, The Front Comor [2007] UKHL 4 to refer to the European Court of Justice the question whether an anti-suit injunction can be granted to protect arbitral proceedings against parallel judicial proceedings elsewhere in the European Economic Area and European Free Trade Area throws considerable doubt on the efficacy of this remedy within the relevant European countries. The ability of the courts to grant an anti-suit injunction to restrain proceedings elsewhere is, of course, unaffected by the West Tankers litigation. Noble Assurance Co v Gerling-Konzern General Insurance Co (UK) [2007] EWHC 253 (Comm) is a High Court decision which involved an application for anti-suit injunction to restrain reinsurers from bringing proceedings in the US which were designed to undermine an arbitration award in favour of insurers.