C v D
Abstract
28 June 2007 Cooke J Commercial Court [2007] EWHC 1541 [2007] ArbLR 9 Arbitration agreement--Enforcement--Anti-suit injunction--Agreement to arbitrate in London--Parties' contract governed by New York law--Arbitrators issuing partial award--Whether party entitled to appeal in New York (no)-- Whether to grant anti-suit injunction (yes)--Supreme Court Act 1981, s 37 Arbitration agreement--Interpretation--Applicable law--Bermuda form subject to New York law--Agreement to London as place of arbitration--Whether arbitration agreement governed by New York law (no) Intent to appeal in the United States contrary to agreement to arbitrate in London D, a company incorporated in the United States, issued an insurance policy to C, another US corporation, on Bermuda Form against `all sums which the Insured shall be obligated to pay by reason of liability imposed upon the Insured by law or assumed under contract or agreement by the Insured for damages on account of personal injury resulting from an occurrence'. The policy ran from 1 November 1997 to 1 November 2000. It was governed by New York law and contained a London arbitration agreement. The definition of the insured included C and any subsidiary, affiliate, or associated company of C. The policy contained a service of suit clause pursuant to which D