Jurisdiction(s):
United Kingdom

Commercial Court refuses permission to appeal; MRC clause prevails over facultative arbitration via hierarchy; guideline rates apply and no apportionment without evidence — Tyson International v GIC (England and Wales)

Published on: 30 April 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

Tyson International Company Ltd v GIC RE, India Corporate Member Ltd (sued as the sole corporate member for Syndicate 1947 at Lloyd’s of London for the 2021 and 2022 years of account) [2025] EWHC 367 (Comm) What are the practical implications of this case?

There are no certainties in litigation. Even when two Commercial Court judges have issued rulings tending towards the grant of permission to appeal, advisers should still proceed carefully in seeking it. Although the threshold may look modest—‘a realistic, as opposed to a fanciful, prospect of success’—and the points of contractual construction were sufficiently arguable that an earlier High Court judge (Mr Hancock KC) indicated he would allow permission, the landscape of the proceedings had shifted. Intervening developments, including a judgment of the Court of Appeal, led Mr Cooper KC to determine that GIC did not enjoy a realistic prospect of success. Furthermore, parties should note that, albeit obiter, the Court of Appeal expressed the view that, where a hierarchy clause is present, a jurisdiction clause in a Market Reform Contract (‘MRC’) takes priority over an arbitration agreement contained in a Facultative Certificate. Caution in framing appellate strategy therefore remains essential for practitioners today...

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