Source: All England Reporter
Publisher Citation: [2012] All ER (D) 145 (May)
Neutral Citation: [2012] EWCA Civ 638
Court: Court of Appeal, Civil Division
Judge:

Lord Neuberger MR, Moore-Bick and Hallett LJJ
Representation Michael Crane QC, Stephen Houseman and Damien Walker (instructed by Clyde & Co LLP) for the claimants.
  David Wolfson QC and Nehali Shah (instructed by White & Case LLP) for the defendants.
Judgment Dates: 16 May 2012

Catchwords

Arbitration - Arbitration clause - 'Seat' of arbitration - Insurance policies containing London arbitration clause and Brazilian exclusive jurisdiction clause - Claimants giving notice of arbitration - Defendants issuing proceedings in Brazil seeking to establish claimants not entitled to refer to arbitration - Claimants obtaining anti-suit injunction restraining Brazilian proceedings - Judge finding proper law of arbitration agreement being English law - Defendants submitting parties impliedly choosing Brazilian law as governing arbitration agreement - Whether judge erring.

The Case

Arbitration Arbitration clause. The Court of Appeal, Civil Division, upheld a decision that the proper law of an arbitration agreement contained in insurance policies between the parties had been English law, notwithstanding the express choice of Brazilian law as the law governing the policies and the connection of the policies to Brazil

Practice Areas

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