ENGLISH HIGH COURT MAINTAINS ANTI-SUIT INJUNCTIONS FOR INSURERS AND CONSIDERS CONFLICTING DISPUTE RESOLUTION CLAUSES

In the recent case of AIG Europe SA and others v John Wood Group Plc and another [2021] EWHC 2567 (Comm), the High Court (the Court) maintained certain anti-suit injunctions granted in favour of a number of insurers who subscribed to various excess liability policies, two of which contained a valid arbitration clause. The Court refused, however, to maintain relief in respect of other insurers subscribed to one of the excess policies.

In doing so, the Court provided guidance on the approach taken by English courts to conflicting standard term and negotiated dispute resolution clauses, and in particular when it will construe jurisdiction clauses in favour of the English courts as exclusive.

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FRENCH SUPREME COURT CLARIFIES THE SCOPE OF THE WAIVER RULE CONTAINED IN ARTICLE 1466 CCP, PAVING THE WAY FOR PARTIES TO PRESENT NEW ARGUMENTS AND EVIDENCE WHEN CHALLENGING A TRIBUNAL’S JURISDICTION BEFORE THE ANNULMENT JUDGE

On 2 December 2020, the French Cour de Cassation (Cass Civ. 1, No. 19-15.396) overturned a decision by the Paris Court of Appeal that had dismissed an application to set aside an arbitral award on the basis that the applicant has waived its right to raise, when contesting the arbitral tribunal’s jurisdiction before the French judges, new arguments that were not previously relied on before the arbitrators.

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