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Article summary

Dispute Resolution analysis: This case is important for parties and their lawyers confronted with agreements that contain conflicting arbitration and jurisdiction clauses. A coverage dispute arose between the claimant and the defendant reinsurer. Two sets of policy documents had been entered into. The first contained an exclusive jurisdiction clause in favour of the English courts and an English governing law clause. The second contained an arbitration clause providing for arbitration in New York and for the law of New York to apply. The claimant sought anti-suit relief to prevent an arbitration in New York. The defendant sought a determination that the English court had no jurisdiction to try the claimant’s claim, and a stay of the court proceedings. The court held that, as a matter of contractual construction and in particular the construction of a ‘confusion’ clause, precedence was to be given to the English jurisdiction clause rather than to...