Amlin Corporate Member Ltd & Ors v Oriental Assurance Corporation

Amlin Corporate Member Ltd & Ors v Oriental Assurance Corporation

The judge correctly exercised discretion, finding no sufficiently rare and compelling circumstances to justify a stay, given the exclusive jurisdiction clause, modest risk of inconsistent decisions, and substantial delay in Philippine proceedings.

Parties
Respondent/claimant: AMLIN CORPORATE MEMBER LIMITED; Respondent/claimant: TALBOT 2002 UNDERWRITING CAPITAL LIMITED; Respondent/claimant: LIMIT (NO. 2) LIMITED; Respondent/claimant: AEGIS ELECTRIC & GAS INTERNATIONAL SERVICES LIMITED; Respondent/claimant: NOVAE CORPORATE UNDERWRITING LIMITED; Respondent/claimant: BRIT UW LIMITED; Appellant/defendant: ORIENTAL ASSURANCE CORPORATION
Jurisdiction
England and Wales
Judgment Date
17 October 2012
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Grant Stay of Proceedings
Outcome
appeal dismissed
Legal Topics
Reinsurance, Stay of Proceedings, Exclusive Jurisdiction Clauses, Follow Settlements Clause
Insurance Law Civil Procedure Reinsurance Stay of Proceedings Exclusive Jurisdiction Clauses Follow Settlements Clause

Case Brief

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Parties

AMLIN CORPORATE MEMBER LIMITED

Respondent/claimant

TALBOT 2002 UNDERWRITING CAPITAL LIMITED

Respondent/claimant

LIMIT (NO. 2) LIMITED

Respondent/claimant

AEGIS ELECTRIC & GAS INTERNATIONAL SERVICES LIMITED

Respondent/claimant

NOVAE CORPORATE UNDERWRITING LIMITED

Respondent/claimant

BRIT UW LIMITED

Respondent/claimant

ORIENTAL ASSURANCE CORPORATION

Appellant/defendant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Grant Stay of Proceedings

Legal Issues

  1. 1 Whether the English proceedings should be stayed pending outcome of related proceedings in the Philippines
  2. 2 Effect of exclusive jurisdiction clause and follow settlements clause on stay applications

Ratio Decidendi

The judge correctly exercised discretion, finding no sufficiently rare and compelling circumstances to justify a stay, given the exclusive jurisdiction clause, modest risk of inconsistent decisions, and substantial delay in Philippine proceedings.

Court Disposition

appeal dismissed

Orders

  • No stay of proceedings granted
  • English proceedings to continue