Cheshire Place Associates and others v. West of England Ship Owners Mutual Insurance Association (Luxembourg) and another - (U.S. District Ct.) (E.D. New York) (Nickerson J.) - 5 March 1993

Insurance Contract - Arbitration Clause - Whether plaintiffs bound - Scope of clause

The plaintiffs, who were vessel and marine equipment owners and related corporations, brought proceedings against the defendants, who were a protection and indemnity mutual insurance association and its management company, alleging breach of contract, fraud and violations of United States securities laws. The defendants moved, inter alia, to dismiss the proceedings in favour of arbitration in England in accordance with the terms of the insurance policy between the parties, clause 62 of which provided for the referral to arbitration if: