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Tonicstar -v- American Home Assurance

26th Apr 2004

[2005] 1 Lloyd’s Rep. I.R. 32 (Commercial Court, Morison J.)

Gavin Kealey QC led James Brocklebank in Anti-suit and anti-anti-suit injunctions and conflicts of laws in context of insurance.

Reinsurance – Conflict of laws – Anti-suit injunction – Proceedings started in England by claimants – Proceedings started by defendants in New York four days later – Defendants discovering that agreement contained an arbitration clause and commencing arbitration in New York – Application by defendants in England for stay of English proceedings under Arbitration Act 1996, section 9 – Application by claimants in English court for determination of seat of arbitration – Whether England the natural forum for the litigation – Whether reinsurance and arbitration agreements governed by English law – Whether defendants behaviour unconscionable or oppressive.