TONICSTAR LTD v AMERICAN HOME ASSURANCE CO

[2005] Lloyd's Rep IR 32

QUEEN’S BENCH DIVISION COMMERCIAL COURT

Before Mr Justice Morison

Reinsurance - Conflict of laws - Anti-suit injunction - Proceedings started in England by claimants - Proceedings started by defendants in New York four days later - Defendants discovering that agreement contained an arbitration clause and commencing arbitration in New York - Application by defendants in England for stay of English proceedings under Arbitration Act 1996, section 9 - Application by claimants in English court for determination of seat of arbitration - Whether England the natural forum for the litigation - Whether reinsurance and arbitration agreements governed by English law - Whether defendants behaviour unconscionable or oppressive.