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Timothy Killen and James Partridge secure a final anti-arbitration injunction: Tyson International Company v GIC Re, India Corporate Member Limited [2025] EWHC 77

Posted: 21/01/2025

The Commercial Court granted the Claimant’s claim for a final anti-arbitration injunction and dismissed the Defendant’s claim for a stay pursuant to s. 9 of the Arbitration Act 1996, finding that the exclusive jurisdiction clauses in favour of the English Court prevailed over the New York arbitration agreements contained in later contractual documents.

The underlying dispute, now proceeding in the Commercial Court, arises out of a large facultative reinsurance programme, where the Bermudan captive insurer placed coverage with the Defendant reinsurer by the execution of two  Market Reform Contracts (the standard form agreement in the London reinsurance market) (the “MRCs”) followed by the execution of two facultative reinsurance certificates on a US standard form, known as the “Market Uniform Reinsurance Agreement” (the “MURAs”).  Both categories of document included forum selection provisions, the MRCs providing for the exclusive jurisdiction of the English Court, the MURAs providing for New York seated arbitrations.

The judgment gives useful further guidance on the implications of competing forum selection clauses in separate contractual documents and the impact of hierarchy clauses in this context.  Although the MURAs were concluded later in time (and each contained an entire agreement clause), the exclusive jurisdiction provisions of the MRCs were held to prevail where the hierarchy clauses within the MURAs gave precedence to the earlier agreements in case of “confusion” and where the competing forum selection clauses (each also seeking to apply a different governing law) were “irreconcilable”.

Timothy Killen and James Partridge (instructed by Reed Smith LLP) acted for the successful Claimant. 
Mr Peter MacDonald Eggers KC and Mr Tim Jenns (instructed by RPC) acted for the Defendant.

Read more about Timothy’s practice here.

Read more about James’ practice here.

To read the full judgment, please click here.

Authors

Timothy Killen

Call: 2010

James Partridge

Call: 2018

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