Brooke Group Ltd and Others v JCH Syndicate 488 and Others - New York Court of Appeal (Simons, Titone, Bellacosa, Smith, Levine and Ciparick JJ) - 21 March 1996

Insurance contract providing for arbitration of disputes in London and also containing “Service of Suit” clause providing for underwriters to submit to jurisdiction of American courts - Whether “Service of Suit” clause to be regarded as mandatory forum selection clause

The first plaintiff, an American corporation carrying on business in America, entered into an insurance contract with the defendants, who were Lloyd’s of London underwriters. One of the first plaintiff’s subsidiary companies had entered into a joint venture agreement with a Soviet enterprise to engage in the manufacture and sale of cigarettes in the former Soviet Union and to own and develop a factory in Moscow, for which purpose the Moscow City Government conveyed various leaseholds and titles in another of the first plaintiff’s subsidiary companies.