W BOCKSTIEGEL GMBH & CO REEDEREI KG MS ("BBC COLORADO") V CHILENA CONSOLIDADA SEGUROS GENERALES SA

[2018] EWHC 3690 (Comm), High Court of Justice, Queen's Bench Division, Sir Ross Cranston (sitting as a Judge of the High Court), 3 December 2018

Dispute resolution - Anti-suit injunction - Matter arising out of or having some connection with general average guarantee

This was the return date of an anti-suit injunction issued by Cockerill J against the respondent Chilena. Chilena was the insurer of a cargo on board the applicant's vessel BBC Colorado, in respect of which general average had been declared when she broke down on a voyage from China to Chile. The respondent had issued general average guarantees in respect of its insured's GA contribution. The guarantees contained English law and LMA arbitration clauses. The contribution had been paid and the vessel subsequently sold by the claimant. Chilena subsequently commenced proceedings in Chile against the vessel owners, requesting the appointment of an arbitrator. The applicant obtained an anti-suit injunction.