Commerce and Industry Insurance Company of Canada and another v Certain Underwriters at Lloyd's of London and another

JurisdictionEngland & Wales
JudgeMoore-Bick J.
Judgment Date01 August 2001
CourtQueen's Bench Division (Commercial Court)
Date01 August 2001

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6 cases
  • Dtek Trading S.A. v Mr Sergey Morozov and Another
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 27 January 2017
    ... ... Justice, Rolls Building Fetter Lane, London, EC4A 1NL ... Ms Sara Cockerill QC ... to an arbitration agreement and by a company associated with that party, Blair J decided that ... : see London Steam Ship Owners Mutual Insurance Assoc. Ltd. v Kingdom of Spain [2013] EWHC 3188 ... 46 Thirdly DTEK says that certain of the powers listed in section 44(2) necessarily ... based (for example) in New York, as in Commerce and Industry Insurance Co of Canada v Lloyds ... ...
  • Allergan, Inc. v Amazon Medica
    • United Kingdom
    • Queen's Bench Division
    • 21 February 2018
    ...a concern about being sued is not a sufficient reason for not providing evidence. As explained by Moore-Bick J in Commerce and Industry Insurance Co v Lloyds Underwriters [2002] 1 WLR 1323 at 1331: “In the ordinary way, unless he can invoke one of the recognised grounds of privilege, a per......
  • A and B v C, D and E (Taking evidence for a foreign seated arbitration)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 March 2020
    ...review of the authorities, the position was more complex. 8 He considered first the decision of Moore-Bick J in Commerce and Industry Insurance v Certain Underwriters at Lloyd's [2002] 1 WLR 1323, the only authority specifically concerned with section 44(2)(a). There the arbitration tribuna......
  • A v C
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 12 February 2020
    ...However, any discussion of this issue must begin with Commerce and Industry Insurance Co of Canada v Certain Underwriters at Lloyd's [2002] 1 WLR 1323. As Ms Rosen Peacocke pointed out, this is the only case which was specifically concerned with an application under s.44(2)(a) for the takin......
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1 firm's commentaries
  • Compelling Witness Testimony Under The 1996 Arbitration Act
    • United Kingdom
    • Mondaq UK
    • 19 February 2024
    ...of the foreign seat does not make it inappropriate to do so. Commerce and Industry Insurance Co of Canada v Lloyd's Underwriters [2002] 1 Lloyds Rep 219, sets out the test for situations where such an order is The case concerned applications to set aside a "without notice" application in a ......
1 books & journal articles
  • Chapter XIII. United Kingdom
    • United States
    • ABA General Library Obtaining Discovery Abroad. Second Edition
    • 1 January 2005
    ...Northern Irish courts. 6. 1975 Act, supra note 4, at § 1(a). 7. Id. at § 1(b). 8. Viking Insurance Co. v. Rossdale and Ducking , [2002] 1 Lloyd’s Rep. 219 (Q.B. Comm. 2001) (New York arbitration). 234 Obtaining Discovery Abroad English High Court, therefore, may not give effect to letters o......