AIG Europe SA & Ors v John Wood Group Plc & Anor [2021] EWHC 2567 (Comm) (24 September 2021)

AIG Europe SA & Ors v John Wood Group Plc & Anor [2021] EWHC 2567 (Comm) (24 September 2021)

The court found that the relevant excess insurance policies (except for AWAC, which had an arbitration clause) contained exclusive English jurisdiction clauses, and that the Defendants' arguments for a permissive or non-exclusive approach based on the primary policy failed. The anti-suit injunctions were continued, as there were no strong reasons to refuse relief and no material non-disclosure sufficient to justify discharge of the injunctions.

Citation
[2021] EWHC 2567 (Comm)
Parties
Claimant/applicant: AIG Europe SA (formerly AIG Europe Ltd); Claimant/applicant: Allianz Global Corporate & Specialty SE; Claimant/applicant: Hamilton Insurance DAC (formerly Ironshore Europe Ltd); Claimant/applicant: Liberty Mutual Insurance Europe SE (formerly Liberty Mutual Insurance Europe Ltd); Claimant/applicant: Markel International Insurance Company Limited (formerly Markel Europe Plc and Markel International Ireland); Claimant/applicant: QBE UK Limited; Claimant/applicant: XL Insurance Company SE; Claimant/applicant: Zurich Insurance PLC; Claimant/applicant: Chubb European Group SE; Claimant/applicant: Allied World Assurance Company (Europe) DAC (formerly Allied World Assurance Company (Europe) Ltd); Defendant/respondent: John Wood Group PLC; Defendant/respondent: Wood Group Canada, Inc.
Jurisdiction
England and Wales
Judgment Date
24 September 2021
Procedural Posture
Commercial Court Applications for Anti Suit Injunctions Under Arbitration Act 1996 / Return Date Hearing on Continuation of Interim Anti Suit Injunctions
Outcome
Anti-suit injunctions continued; applications by insurers granted.
Legal Topics
Anti Suit Injunctions, Jurisdiction Clauses, Arbitration Agreements, Non Disclosure in Ex Parte Applications
Insurance Law Private International Law Arbitration Anti Suit Injunctions Jurisdiction Clauses Arbitration Agreements Non Disclosure in Ex Parte Applications

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Parties

AIG Europe SA (formerly AIG Europe Ltd)

Claimant/applicant

Allianz Global Corporate & Specialty SE

Claimant/applicant

Hamilton Insurance DAC (formerly Ironshore Europe Ltd)

Claimant/applicant

Liberty Mutual Insurance Europe SE (formerly Liberty Mutual Insurance Europe Ltd)

Claimant/applicant

Markel International Insurance Company Limited (formerly Markel Europe Plc and Markel International Ireland)

Claimant/applicant

QBE UK Limited

Claimant/applicant

XL Insurance Company SE

Claimant/applicant

Zurich Insurance PLC

Claimant/applicant

Chubb European Group SE

Claimant/applicant

Allied World Assurance Company (Europe) DAC (formerly Allied World Assurance Company (Europe) Ltd)

Claimant/applicant

John Wood Group PLC

Defendant/respondent

Wood Group Canada, Inc.

Defendant/respondent

Procedural Posture

Commercial Court Applications for Anti Suit Injunctions Under Arbitration Act 1996 / Return Date Hearing on Continuation of Interim Anti Suit Injunctions

Legal Issues

  1. 1 Whether the English court should continue anti-suit injunctions restraining Canadian proceedings in light of jurisdiction and arbitration clauses in excess insurance policies
  2. 2 Whether the relevant policies contain exclusive English jurisdiction or arbitration agreements
  3. 3 Whether material non-disclosure on the without notice applications justifies discharge of the injunctions

Ratio Decidendi

The court found that the relevant excess insurance policies (except for AWAC, which had an arbitration clause) contained exclusive English jurisdiction clauses, and that the Defendants' arguments for a permissive or non-exclusive approach based on the primary policy failed. The anti-suit injunctions were continued, as there were no strong reasons to refuse relief and no material non-disclosure sufficient to justify discharge of the injunctions.

Court Disposition

Anti-suit injunctions continued; applications by insurers granted.

Orders

  • Continuation of anti-suit injunctions restraining the Defendants from pursuing the Alberta proceedings against the Claimants/Applicants
  • Ancillary orders as to service and costs