Sulamerica v Enesa Engenharia SA & Ors (Comm) 19/1/12
Location: Case TypesInsurance    
Posted by: Law Brief Publishing 01/03/2012 10:08 PM
An all-risks insurance policy for the construction of an hydro-electric facility provided that the law of the contract was Brazilian law with an arbitration clause with its seat in England. Arbitration proceedings were commenced by insurers in England. Court proceedings were instituted in Brazil by the insured. Anti-suit injunctions were sought by both parties in each set of proceedings. The Court held that the proper law of the agreement to arbitrate was that which had its closest and most real connection to the seat, namely the law of England. The provision for mediation was not an unequivocal commitment to engage in mediation, but an agreement in general terms to attempt to resolve differences in mediation. As a declaration of non-liability was a dispute and all disputes could and must be referred to arbitration there was very little left of the clause conferring exclusive jurisdiction on the Brazilian courts and there was no strong reason against the continuation of the anti-suit injunction against the B razilian proceedings.
Court: High Court (Commercial Court) (England and Wales)
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