LAMIA CORPORATION SRL & OTHERS v TOKIO MARINE KILN SYNDICATES LIMITED & OTHERS

LAMIA CORPORATION SRL & OTHERS v TOKIO MARINE KILN SYNDICATES LIMITED & OTHERS

The anti-suit injunction in favour of Aon UK Limited is continued on the basis that the Individuals’ claims in Florida are quasi-contractual, derived from the TOBA, and subject to the exclusive English jurisdiction clause. There are no strong reasons (including delay or comity) to refuse relief. The injunction in favour of the Reinsurers is discharged because England is not clearly the natural forum for the Individuals’ claims against them, which arise under Florida law and concern events in Florida; the claims are not vexatious or oppressive, and any delay by the Reinsurers in seeking relief would also preclude an injunction.

Parties
Claimant: AON UK Limited; Defendants: Lamia Corporation SRL & Others; Claimants: Tokio Marine Kiln Syndicates Limited & Others; Defendants: Bisa Seguros y Reaseguros & Others
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Commercial Court Proceedings (anti Suit Injunction Applications) / Judgment on Return Date of Interlocutory Anti Suit Injunctions
Outcome
Aon’s anti-suit injunction continued; Reinsurers’ anti-suit injunction discharged.
Legal Topics
Anti Suit Injunctions, Exclusive Jurisdiction Clauses, Forum Non Conveniens, Insurance Broker Liability, Reinsurance, Assignment of Claims, Delay and Comity in Anti Suit Relief
Private International Law Insurance Law Civil Procedure Anti Suit Injunctions Exclusive Jurisdiction Clauses Forum Non Conveniens Insurance Broker Liability Reinsurance +2 more

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Parties

AON UK Limited

Claimant

Lamia Corporation SRL & Others

Defendants

Tokio Marine Kiln Syndicates Limited & Others

Claimants

Bisa Seguros y Reaseguros & Others

Defendants

Procedural Posture

Commercial Court Proceedings (anti Suit Injunction Applications) / Judgment on Return Date of Interlocutory Anti Suit Injunctions

Legal Issues

  1. 1 Whether the claims against Aon UK Limited and the Reinsurers in Florida should be restrained by anti-suit injunctions from the English court
  2. 2 Whether the claims by the Individuals in Florida are subject to the exclusive jurisdiction clause in the TOBA
  3. 3 Whether the claims against the Reinsurers are vexatious or oppressive and whether England is the natural forum

Ratio Decidendi

The anti-suit injunction in favour of Aon UK Limited is continued on the basis that the Individuals’ claims in Florida are quasi-contractual, derived from the TOBA, and subject to the exclusive English jurisdiction clause. There are no strong reasons (including delay or comity) to refuse relief. The injunction in favour of the Reinsurers is discharged because England is not clearly the natural forum for the Individuals’ claims against them, which arise under Florida law and concern events in Florida; the claims are not vexatious or oppressive, and any delay by the Reinsurers in seeking relief would also preclude an injunction.

Court Disposition

Aon’s anti-suit injunction continued; Reinsurers’ anti-suit injunction discharged.

Orders

  • The anti-suit injunction in favour of Aon UK Limited is continued, restraining the Individuals from pursuing claims in Florida contrary to the exclusive jurisdiction clause.
  • The anti-suit injunction in favour of the Reinsurers (Tokio Marine Kiln Syndicates Limited & Others) is discharged.