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03 Aug 2022

English High Court grants anti-suit injunction against direct action claim by a third party in an EU member state

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QBE Europe SA/NV and QBE (UK) Ltd v Generali España de Seguros y Reaseguros [2022] EWHC 2062 (Comm)

The English Commercial Court granted on Monday an anti-suit injunction to restrain a third party from pursuing a direct action claim against the liability insurer of the alleged wrongdoer before the Courts of an EU Member State in favour of the arbitration clause contained in the underlying liability policy. It is the first decision from an English Court on the availability of such relief post-Brexit.

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