EVIALIS SA v SIAT [2003] EWHC 863 (Comm)

[2004] Lloyd's Rep IR 187

QUEEN’S BENCH DIVISION COMMERCIAL COURT

Before Mr Justice Andrew Smith

Insurance - Conflict of laws - Jurisdiction - Open cover containing jurisdiction clause nominating Italian courts - Certificate of insurance issued under open cover containing service of suit clause nominating England - Proceedings commenced by insurers in Italy - Subsequent proceedings by insured in England - Whether two documents to be read together - Law applicable to open cover and certificate of insurance - Whether exclusive jurisdiction clause in favour of England or Italy - Whether English proceedings should be stayed - Whether English and Italian proceeding were related - Anti-suit injunction - Brussels Regulation 2001, articles 23, 27 and 28.