- Anti-suit injunction in support of ICC arbitration in London refused (Enka v Chubb)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: In a lengthy judgment, made ‘in some haste’ just before Christmas and a month before a hearing in court proceedings in Moscow, Andrew Baker J refused to grant an anti-suit injunction (ASI) to restrain insurers from pursuing those proceedings. Enka, a Turkish company, was a sub-contractor on a major power plant construction project. Following a serious fire at the plant, Chubb Russia, having settled insurance claims with Enka’s Russian counterparty, commenced proceedings against Enka in Moscow. In response, Enka invoked an arbitration clause in its contract with the counterparty, which provided for arbitration in London under the International Chamber of Commerce (ICC) arbitration rules. The judge found that Enka’s application for an ASI in support of that putative ICC arbitration lacked merit and that the Moscow court was the appropriate forum in which to determine the scope of the parties’ obligation to arbitrate disputes.
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