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Noble Assurance Co and Anr v Gerling-Konzern General Insurance Co (UK Branch)

Noble Assurance Co and Anr v Gerling-Konzern General Insurance Co (UK Branch) 22 February 2007 Toulson LJ Commercial Court [2007] EWHC 253 [2007] ArbLR 44 Arbitration award--Enforcement--Anti-suit injunction--Res judicata--Issue estoppel--Arbitration award rendered in England--Subsequent action brought in Vermont raising the same issues decided in the arbitration--Whether oppressive (yes)--Whether court had jurisdiction to issue injunction (yes)--Whether to issue injunction (no)--Whether to grant declaratory relief (yes) Court has jurisdiction to issue anti-suit injunction to protect arbitration award Noble, a Shell subsidiary and captive insurer, provided Shell with coverage for various limited liability entities, wholly or partly owned, beyond Shell itself. The policy covered liability for events, exposure to conditions or use of the insured's products, causing personal injury or property damage. The policy was governed by New York law and a London arbitration agreement. Noble was based in Vermont. GKG concluded a contract with Noble providing a US$50 million layer of reinsurance subject to an excess of US$100 million. The terms of GKG's coverage were stated to be the same as those of the underlying policy. Shell participated in a joint venture with Texaco, Equilon. Texaco transferred its interest in a pipline company, OPL, to Equilon. An explosion occurred in the pipeline and Equilon agreed to settle liability for US$200 million. OPL http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Noble Assurance Co and Anr v Gerling-Konzern General Insurance Co (UK Branch)

Arbitration Law Reports and Review , Volume 2007 (1) – Jan 1, 2007

Noble Assurance Co and Anr v Gerling-Konzern General Insurance Co (UK Branch)

Arbitration Law Reports and Review , Volume 2007 (1) – Jan 1, 2007

Abstract

22 February 2007 Toulson LJ Commercial Court [2007] EWHC 253 [2007] ArbLR 44 Arbitration award--Enforcement--Anti-suit injunction--Res judicata--Issue estoppel--Arbitration award rendered in England--Subsequent action brought in Vermont raising the same issues decided in the arbitration--Whether oppressive (yes)--Whether court had jurisdiction to issue injunction (yes)--Whether to issue injunction (no)--Whether to grant declaratory relief (yes) Court has jurisdiction to issue anti-suit injunction to protect arbitration award Noble, a Shell subsidiary and captive insurer, provided Shell with coverage for various limited liability entities, wholly or partly owned, beyond Shell itself. The policy covered liability for events, exposure to conditions or use of the insured's products, causing personal injury or property damage. The policy was governed by New York law and a London arbitration agreement. Noble was based in Vermont. GKG concluded a contract with Noble providing a US$50 million layer of reinsurance subject to an excess of US$100 million. The terms of GKG's coverage were stated to be the same as those of the underlying policy. Shell participated in a joint venture with Texaco, Equilon. Texaco transferred its interest in a pipline company, OPL, to Equilon. An explosion occurred in the pipeline and Equilon agreed to settle liability for US$200 million. OPL

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2012
Subject
Judgements
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2007.1.651
Publisher site
See Article on Publisher Site

Abstract

22 February 2007 Toulson LJ Commercial Court [2007] EWHC 253 [2007] ArbLR 44 Arbitration award--Enforcement--Anti-suit injunction--Res judicata--Issue estoppel--Arbitration award rendered in England--Subsequent action brought in Vermont raising the same issues decided in the arbitration--Whether oppressive (yes)--Whether court had jurisdiction to issue injunction (yes)--Whether to issue injunction (no)--Whether to grant declaratory relief (yes) Court has jurisdiction to issue anti-suit injunction to protect arbitration award Noble, a Shell subsidiary and captive insurer, provided Shell with coverage for various limited liability entities, wholly or partly owned, beyond Shell itself. The policy covered liability for events, exposure to conditions or use of the insured's products, causing personal injury or property damage. The policy was governed by New York law and a London arbitration agreement. Noble was based in Vermont. GKG concluded a contract with Noble providing a US$50 million layer of reinsurance subject to an excess of US$100 million. The terms of GKG's coverage were stated to be the same as those of the underlying policy. Shell participated in a joint venture with Texaco, Equilon. Texaco transferred its interest in a pipline company, OPL, to Equilon. An explosion occurred in the pipeline and Equilon agreed to settle liability for US$200 million. OPL

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2007

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