Welcome to the third edition of Clyde & Co's
(Re)insurance and litigation caselaw weekly updates for 2012.
These updates are aimed at keeping you up to speed and
informed of the latest developments in caselaw relevant to your
practice.
SULAMERICA CIA V ENESA ENGHENHARIA
Applicable law of arbitration agreement in an insurance
policy
http://www.bailii.org/ew/cases/EWHC/Comm/2012/42.html
Clyde & Co (Peter Hirst and Richard Butt)
for claimants
The insurance policy in this case provided that it was governed
exclusively by Brazilian law. In the event of a dispute, the
parties undertook to seek to resolve the dispute by mediation prior
to a reference to arbitration. The arbitration agreement in the
policy provided (inter alia) that the seat of the arbitration would
be London. Following a dispute between the parties, the insured
commenced proceedings in Brazil seeking a declaration that it was
not bound to arbitrate the dispute. The insurers obtained an
interim
