London Steam-Ship Owners' Mutual Insurance Association Ltd v Trico Maritime (Pvt) Ltd & Ors [2024] EWHC 884 (Comm)-23 April 2024-(Bright J)

Following the sinking of the “X-Press Pearl” and the issue of English Limitation proceedings, the Defendant cargo claimants commenced proceedings in Sri Lanka, directly against the Vessel’s Club “as insurer”. The Club commenced London Arbitration (the forum specified by its Rules) against cargo claimants, seeking a declaration of non-liability; it also sought an anti-suit injunction. The Court ascertained that the claims were asserted under the insurance contract (rather than under any independent rights) so that the Rules, including “pay to be paid” applied, and granted the Club the injunction sought.