Tyson International Company v Partner Reinsurance Europe [2024] EWCA Civ 363

Posted: 15/04/2024

Timothy Killen and James Partridge (instructed by Reed Smith) acted for the Appellant in a jurisdiction dispute arising out of a facultative reinsurance arrangement where the Court of Appeal found that a New York arbitration clause contained in a second document had superseded the exclusive jurisdiction clause previously agreed.

The Judgment gives helpful guidance to the approach to be taken where there are competing forum selection clauses. The Court of Appeal upheld the first instance decision as to which clause applied but found in favour of the Appellant on ground two, finding that the Judge had, in his contingent refusal to grant the injunction for delay, failed properly to consider the undesirability of splintering proceedings and the potential for a race to judgment between jurisdictions.

It is also of significance to reinsurance practitioners as the Court of Appeal made important observations as to the contractual effect and purpose of the Market Reform Contract, commonly used in the London Reinsurance Market, the Market Uniform Reinsurance Agreement used in the US Reinsurance Market and the role of insurance certificates.

Read more about Timothy’s practice here.

Read more about James’ practice here.

To read the full judgment, please click here.


Timothy Killen

Call: 2010

James Partridge

Call: 2018


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