Jurisdiction(s):
United Kingdom

English Court of Appeal enforces New York arbitration clause: MURA superseded MRC; Tyson’s English proceedings stayed and anti-arbitration injunction refused in reinsurance dispute with Partner Re

Published on: 16 April 2024

Published by a Law360 reporter

Legal News

Article summary

In the Court of Appeal, Justice Stephen Males held that Deputy High Court Judge Stephen Houseman KC correctly prevented Tyson International Company Ltd from continuing with proceedings in the English courts in its dispute with reinsurer Partner Reinsurance Europe SE. He determined that the court was right to refuse Tyson the injunction it sought to restrain Partner Re from commencing arbitration in New York. According to the judgment, the parties entered into a reinsurance contract in June 2021 containing an English law clause and an exclusive jurisdiction provision. Eight days later, Partner Re issued a second document of reinsurance covering the same risks, but this version provided for New York law and arbitration. The judgment noted that the first document, termed the Market Reform Contract, or MRC, is typical within the London market...

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