AIG EUROPE SA (FORMERLY AIG EUROPE LTD) AND OTHERS V JOHN WOOD GROUP PLC AND ANOTHER

[2021] EWHC 2567 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Jacobs, 24 September 2021

Insurance (liability) – Conflict of laws – Anti-suit injunction – Jurisdiction – Arbitration – Whether policies contained English jurisdiction clauses – Effect of incorporation – Senior Courts Act 1981, section 37

The insurers were parties to a liability insurance tower arranged for the defendants in five layers: (a) A Commercial General Liability Policy, which did not contain a choice of law or jurisdiction clause; (b) A Global Umbrella Policy, which stated that any dispute was subject to the same law and jurisdiction as the primary policy (the Primary Policy Jurisdiction Clause, PPJC) and stated also that the Policy was subject to English law and jurisdiction; (c) A First Excess Policy which contained the PPJC and stated that the English Courts had exclusive jurisdiction; (d) A Second Excess Policy which contained the PPJC but no other jurisdiction provision; and (e) A Third Excess Policy in terms identical to those in the First Excess Policy.