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The Front Comor: an end to anti-suit injunctions?

Reed Smith LLP
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European Union, Italy, United Kingdom
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December 31 2008

The Advocate General of the European Court of Justice (“ECJ”) has now delivered her opinion on a question referred to the ECJ by the House of Lords earlier this year in the case of the “Front Comor” concerning the use of anti-suit injunctions by the English Courts

Shipping Sector Update: Sulamerica CIA Nacional de Seguros SA and others v Enesa Engenharia SA and others 2012 EWCA Civ 638

Eversheds LLP
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United Kingdom
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February 13 2013

The dispute arose in connection with two construction all risk insurance policies between the appellant Enesa (“Insured”) and the respondent

How to determine the law of the arbitration agreement when none is stated

Borden Ladner Gervais LLP
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Brazil, United Kingdom
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July 10 2012

The arbitration clauses in the insurance policies related to a hydro-electric project in Sulamerica Cia Nacional de Seguros SA v Enesa Engenharia SA, 2012 EWCA Civ 638, provided for arbitration in London but also chose Brazilian law as the law of the contract and conferred exclusive jurisdiction on the courts of Brazil

Court considers reinsurance contacts covering September 11 losses

Vedder Price PC
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United Kingdom
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April 24 2013

The case arose from a tribunal award relating to reinsurance contracts covering losses arising out of the terrorist attack on the World Trade Centre

Breach of arbitration agreement (2) arrest of vessel in Senegal

Reed Smith LLP
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United Kingdom
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November 30 2008

In Kallang Shipping SA Panama v AXA Assurance Senegal and in Sotrade Denizcilik Sanayi VE Tikaret AS v Amadou Lo, The Duden - Butterworths Law Direct 21.11.08 the Commercial Court considered the circumstances in which the arrest of vessels in foreign jurisdictions, prompted by overseas cargo insurers, can amount to breach of arbitration clauses incorporated into bills of lading

English High Court upholds anti-suit injunction in favour of arbitration proceedings

Edwards Wildman Palmer LLP
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United Kingdom
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February 14 2012

In Sulamerica CIA Nacional de Seguros SA & Ors v Enesa Engenharia SA & Ors 2012 EWHC 42 (Comm), Mr Justice Cooke held that an anti-suit injunction restraining the defendant insureds from pursuing proceedings in Brazil in breach of an arbitration clause would be continued

Court of Appeal rules on the meaning of "claim" and when liability accrues under an indemnity policy

Edwards Wildman Palmer LLP
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United Kingdom
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September 16 2011

The Court of Appeal has overturned a High Court judgment on the meaning of an arbitration clause and clarified the meaning of "claim" in a public liability policy

English law applies to arbitration agreement in policies ostensibly governed by Brazilian law where London is arbitral forum

Jorden Burt LLP
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United Kingdom
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August 23 2012

Insurance policies insuring various risks regarding the construction of a hydroelectric plant in Brazil provided that, if the parties could not resolve disputes through mediation, arbitration was to take place in London

Court proceedings stayed in Turville v Chartis

Edwards Wildman Palmer LLP
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United Kingdom
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December 19 2012

In Turville Heath Inc v Chartis Insurance UK Limited 2012 EWHC 3019 (TCC), Mr Justice Edwards-Stuart in the High Court refused the defendant's application for a stay of proceedings under s.9 of the Arbitration Act 1996 (Arbitration Act) but granted a stay using the court's inherent jurisdiction under s. 49 of the Senior Courts Act 1981 (SCA

Reinsurance: WTC losses from two events, not one

CMS Cameron McKenna
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United Kingdom
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February 18 2013

The English High Court has, for the first time, tackled the question whether the terrorist attacks on the World Trade Centre arose from one or two

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The Front Comor: an end to anti-suit injunctions?

Shipping Sector Update: Sulamerica CIA Nacional de Seguros SA and others v Enesa Engenharia SA and others 2012 EWCA Civ 638

How to determine the law of the arbitration agreement when none is stated

Court considers reinsurance contacts covering September 11 losses

Breach of arbitration agreement (2) arrest of vessel in Senegal

English High Court upholds anti-suit injunction in favour of arbitration proceedings

Court of Appeal rules on the meaning of "claim" and when liability accrues under an indemnity policy

English law applies to arbitration agreement in policies ostensibly governed by Brazilian law where London is arbitral forum

Court proceedings stayed in Turville v Chartis

Reinsurance: WTC losses from two events, not one

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