Source: All England Reporter
Publisher Citation: [2004] All ER (D) 152 (Sep)
Neutral Citation: [2004] EWHC 2139 (Comm)
Court: Commercial Court
Judge:

Langley J

Representation Christopher Symons QC (instructed by Herbert Smith) for the claimant.
  Adrian Beltrami (instructed by Fox Williams) for the defendant.
Judgment Dates: 24 September 2004

Catchwords

Conflict of laws - Jurisdiction - Forum non conveniens - Stay of proceedings - Insurance - Proceedings issued in New York and London - Appropriate forum.

The Case

In the circumstances of the case, New York was the appropriate forum for the dispute between the claimant insurer and the defendant assured concerning the cover provided by a master policy of insurance, since although the master policy was governed by English law, the significance of English law to the issues was minimal, and to the extent that it might arise, could readily be addressed in New York. Moreover, the advantages of single case management in the location of the loss, in the court in which insurers themselves had chosen to pursue claims under the local policy, and in accordance with the commercial insurance arrangement between the defendant and its insurers collectively, pointed inexorably to New York.

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