Public Joint Stock Company ("Rosgosstrakh") v Starr Syndicate Ltd & Ors [2020] EWHC 1557 (Comm) (17 June 2020)

Public Joint Stock Company ("Rosgosstrakh") v Starr Syndicate Ltd & Ors [2020] EWHC 1557 (Comm) (17 June 2020)

The court finds that the law is unsettled regarding whether a foreign court's lack of internal competence under its own law renders its judgment unenforceable in England. There is a real prospect that the defendants could establish the KM Court lacked jurisdiction under Russian law, and thus summary judgment is...

Source-derived case information.

Citation
[2020] EWHC 1557 (Comm)
Parties
Claimant: Public Joint Stock Company (Rosgosstrakh); Defendant: Starr Syndicate Limited; Defendant: Dornoch Limited; Defendant: Caitlin Insurance Company (UK) Ltd; Defendant: Antares Underwriting Limited; Defendant: Antares Capital Limited; Defendant: Treimco Limited; Defendant: Antares Capital III Limited; Defendant: F&G UK Underwriters Limited; Defendant: April Grange Limited; Defendant: QBE Corporate Limited; Defendant: Kiln Underwriting Limited; Defendant: ICP Capital Limited; Defendant: SCOR Underwriting Limited; Defendant: Munchener Ruckversicherungs-Gesellschaft AG; Defendant: Oriental Insurance Company Limited; Defendant: New Indian Assurance Co Ltd; Defendant: General Insurance Corporation of India; Defendant: Assicurazioni Generali S. P. A; Defendant: Swiss RE Europe S. A; Defendant: Starr Insurance and Reinsurance Ltd
Jurisdiction
England and Wales
Judgment Date
17 June 2020
Procedural Posture
Commercial Court (qbd) / Summary Judgment Application
Outcome
Summary judgment application refused
Legal Topics
Recognition and Enforcement of Foreign Judgments, Jurisdiction Clauses, Summary Judgment, Reinsurance Disputes
Private International Law Insurance Law Civil Procedure Recognition and Enforcement of Foreign Judgments Jurisdiction Clauses Summary Judgment Reinsurance Disputes

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Parties

Public Joint Stock Company (Rosgosstrakh)

Claimant

Starr Syndicate Limited

Defendant

Dornoch Limited

Defendant

Caitlin Insurance Company (UK) Ltd

Defendant

Antares Underwriting Limited

Defendant

Antares Capital Limited

Defendant

Treimco Limited

Defendant

Antares Capital III Limited

Defendant

F&G UK Underwriters Limited

Defendant

April Grange Limited

Defendant

QBE Corporate Limited

Defendant

Kiln Underwriting Limited

Defendant

ICP Capital Limited

Defendant

SCOR Underwriting Limited

Defendant

Munchener Ruckversicherungs-Gesellschaft AG

Defendant

Oriental Insurance Company Limited

Defendant

New Indian Assurance Co Ltd

Defendant

General Insurance Corporation of India

Defendant

Assicurazioni Generali S. P. A

Defendant

Swiss RE Europe S. A

Defendant

Starr Insurance and Reinsurance Ltd

Defendant

Procedural Posture

Commercial Court (qbd) / Summary Judgment Application

Legal Issues

  1. 1 Whether Russian court judgments are enforceable in England given alleged lack of jurisdiction and bias
  2. 2 Interpretation of jurisdiction clause under Russian law
  3. 3 Application of English private international law to foreign judgments

Ratio Decidendi

The court finds that the law is unsettled regarding whether a foreign court's lack of internal competence under its own law renders its judgment unenforceable in England. There is a real prospect that the defendants could establish the KM Court lacked jurisdiction under Russian law, and thus summary judgment is inappropriate.

Court Disposition

Summary judgment application refused

Orders

  • Claim proceeds to trial
  • No summary enforcement of Russian judgments at this stage