Matter
AmTrust Europe Limited and AmTrust Financial Services, Inc v Trust Risk Group SpA (High Court of Justice 2014-1330; [2015] EWHC 1927 (Comm))
- 10 December 2014United Kingdom
10 December 2014United Kingdom
Judgment of the High Court of Justice in the case [2014] EWHC 4169 dated 10 December 2014
High Court of Justice
- Citation
- [2014] EWHC 4169
- Decision summary
- The court ordered Trust Risk Group SpA to pay the alleged shortfall into the designated account and held that AmTrust Europe Limited had shown a good arguable case that the claim was governed by the Terms of Business Agreement jurisdiction clause rather than the Framework Agreement arbitration clause.
Supporting details
3 participants4 months and 20 days later · 141 days
- 30 April 2015United Kingdom
30 April 2015United Kingdom
Judgment of the Court of Appeal in the case [2015] EWCA Civ 437 dated 30 April 2015
Court of Appeal
- Citation
- [2015] EWCA Civ 437
- Decision summary
- The Court of Appeal dismissed Trust Risk Group SpA's appeal and held, for the interlocutory jurisdiction question, that AmTrust Europe Limited had much the better argument that the Terms of Business Agreement jurisdiction and choice of law provision applied to the dispute about retention of premiums received.
Supporting details
5 participantsAmTrust Europe Limited
Trust Risk Group SpA
Court of Appeal
- Judge
- Beatson
- Judge
- Christopher Clarke
- Judge
- Elias
8 days later · 8 days
- 8 May 2015United Kingdom
8 May 2015United Kingdom
Order of the Court of Appeal dated 8 May 2015
Court of Appeal
- Decision summary
- The Court of Appeal ordered Trust Risk Group SpA to pay AmTrust Europe Limited's costs, ordered a payment on account of £80,000, and directed Trust Risk Group SpA to file a defence by 5 June 2015.
Supporting details
2 participantsAmTrust Europe Limited
Trust Risk Group SpA
Court of Appeal
2 months later · 61 days
- 8 July 2015United Kingdom
8 July 2015United Kingdom
Judgment of the High Court of Justice in the case 2014-1330 dated 8 July 2015
High Court of Justice, Queen's Bench Division, Commercial Court
- Citation
- [2015] EWHC 1927 (Comm)
- Decision summary
- The court refused AmTrust Europe Limited's application for an anti-arbitration injunction against Trust Risk Group SpA. It held that the existence of an exclusive English jurisdiction clause in the Terms of Business Agreement did not establish that the disputes pursued in the Italian arbitration fell outside the Framework Agreement arbitration clause, and that the circumstances did not justify an injunction.
Supporting details
11 authorities · 11 participantsAmTrust Europe Limited
- Representative
- Paul Downes QC (For: AmTrust Europe Limited)
- Representative
- Joseph Sullivan (For: AmTrust Europe Limited)
- Representative
- Clyde & Co LLP (For: AmTrust Europe Limited)
Trust Risk Group SpA
- Representative
- Charles Samek QC (For: Trust Risk Group SpA)
- Representative
- Alexander Robson (For: Trust Risk Group SpA)
- Representative
- Lewis Silkin LLP (For: Trust Risk Group SpA)
- Representative
- Gialuigi Malandrino (For: Trust Risk Group SpA)
High Court of Justice, Queen's Bench Division, Commercial Court
- Judge
- Andrew Smith
Other
- Witness
- Jeremy Cadle