Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb and Ors 2019 EWHC 3568 Comm - 20 December 2019
Mr Justice Andrew Baker: This is my judgment following an expedited trial last week of a claim by the claimant ('Enka') for declaratory relief and an anti-suit injunction in respect of what it says is a breach and threatened continuing breach of an agreement to refer disputes to ICC arbitration with London seat. The substantive proceedings said to have been brought in breach of that arbitration agreement are proceedings brought by the first defendant ('Chubb Russia'), a Russian insurer in the well-known Chubb Group, against Enka and 10 other parties, seeking damages in relation to a massive fire in February 2016 at the Berezovskaya power plant in Russia. Those proceedings are in the Moscow Arbitrazh (i.e. Commercial) Court, under action number A40-131686/19-89-822, and I shall call them 'the Moscow Claim'.
Enka claims that the second to fourth defendants ('Chubb UK', 'Chubb Europe' and 'Chubb Switzerland'), are amenable to being restrained by injunction also, on a suggestion that they are, or may be, 'pulling the strings' behind the breach, if it be a breach, of the arbitration agreement.