Arbitration Analysis – Court of Appeal clarifies the law on anti-suit injunctions

In the recent case of Shipowners’ Mutual Protection and Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat Ve Ticaret AS [2016] EWCA Cvil 386; [2016] All ER (D) 141 (Apr), the Court of Appeal upheld an anti-suit injunction, preventing the Defendant from suing in Turkey under Turkish law where the Claimant insurer relied upon a London arbitration clause contained within the insurance contract, to which the Defendant was not a party.

This ruling will prove to be significant where insurers are faced with claims from jurisdictions such as Spain, Tunisia and Turkey, which permit third parties to sue the insurer of the party liable.

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