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CGU International Insurance plc and Ors v AstraZeneca Insurance Co Ltd

CGU International Insurance plc and Ors v AstraZeneca Insurance Co Ltd 1 December 2005 Cresswell J Commercial Court [2005] EWHC 2755 [2005] ArbLR 13 Arbitration award--Appeal--Question of law--Applicable law--Reinsurance covering English company and worldwide subsidiaries `separately and in respect of their separate interests'--Claim against US subsidiary--Service of suit clause in favour of Iowa courts--Arbitration in England--Whether reinsurance liability governed by Iowa or English law--Whether arbitrators bound to apply English conflict of laws principles (yes)--Arbitration Act 1996, s 69 Arbitrators sitting in London bound by English conflicts of laws AstraZeneca plc, a UK Corporation restructured its insurance and that of its subsidiaries through its wholly-owned insurance company, AstraZeneca Insurance Company Ltd (`AZICL'). Claimants agreed to reinsure AZICL under a number of reinsurance policies in identical terms and an Excess Liability Policy (`ELP') issued to AstraZeneca on behalf of itself and its worldwide subsidiaries. The ELP provided for coverage of all insureds `separately in respect of their separate interests'. The ELP contained a US service of suit clause in relation to insureds operating in the United States which provided for AZICL to submit to the courts of the United States in the event of a failure to pay any amount owing under the ELP. In the policy wording prepared subsequently, the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

CGU International Insurance plc and Ors v AstraZeneca Insurance Co Ltd

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

CGU International Insurance plc and Ors v AstraZeneca Insurance Co Ltd

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

1 December 2005 Cresswell J Commercial Court [2005] EWHC 2755 [2005] ArbLR 13 Arbitration award--Appeal--Question of law--Applicable law--Reinsurance covering English company and worldwide subsidiaries `separately and in respect of their separate interests'--Claim against US subsidiary--Service of suit clause in favour of Iowa courts--Arbitration in England--Whether reinsurance liability governed by Iowa or English law--Whether arbitrators bound to apply English conflict of laws principles (yes)--Arbitration Act 1996, s 69 Arbitrators sitting in London bound by English conflicts of laws AstraZeneca plc, a UK Corporation restructured its insurance and that of its subsidiaries through its wholly-owned insurance company, AstraZeneca Insurance Company Ltd (`AZICL'). Claimants agreed to reinsure AZICL under a number of reinsurance policies in identical terms and an Excess Liability Policy (`ELP') issued to AstraZeneca on behalf of itself and its worldwide subsidiaries. The ELP provided for coverage of all insureds `separately in respect of their separate interests'. The ELP contained a US service of suit clause in relation to insureds operating in the United States which provided for AZICL to submit to the courts of the United States in the event of a failure to pay any amount owing under the ELP. In the policy wording prepared subsequently, the

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.193
Publisher site
See Article on Publisher Site

Abstract

1 December 2005 Cresswell J Commercial Court [2005] EWHC 2755 [2005] ArbLR 13 Arbitration award--Appeal--Question of law--Applicable law--Reinsurance covering English company and worldwide subsidiaries `separately and in respect of their separate interests'--Claim against US subsidiary--Service of suit clause in favour of Iowa courts--Arbitration in England--Whether reinsurance liability governed by Iowa or English law--Whether arbitrators bound to apply English conflict of laws principles (yes)--Arbitration Act 1996, s 69 Arbitrators sitting in London bound by English conflicts of laws AstraZeneca plc, a UK Corporation restructured its insurance and that of its subsidiaries through its wholly-owned insurance company, AstraZeneca Insurance Company Ltd (`AZICL'). Claimants agreed to reinsure AZICL under a number of reinsurance policies in identical terms and an Excess Liability Policy (`ELP') issued to AstraZeneca on behalf of itself and its worldwide subsidiaries. The ELP provided for coverage of all insureds `separately in respect of their separate interests'. The ELP contained a US service of suit clause in relation to insureds operating in the United States which provided for AZICL to submit to the courts of the United States in the event of a failure to pay any amount owing under the ELP. In the policy wording prepared subsequently, the

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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