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Home And Overseas Insurance Co. Ltd –v- Mentor Insurance Co. (U.K.) Ltd.

9th Dec 1988

[1990] 1 WLR 153; [1989] 1 Lloyd’s Rep. 473; [1989] 3 All ER 74

Gavin Kealey – Arbitration – Stay of judicial proceedings – Arbitration agreement – Reinsurance contracts for excess of loss – Arbitrators’ “honourable engagement” clause to interpret reinsurance so as to effect general purpose – Liquidation of reinsured – Reinsurers’ application for summary judgment – Whether summary procedure appropriate – Whether dispute to be referred to arbitration – Whether arbitrators entitled to depart from literal construction of contract

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