Markel Bermuda Ltd v Caesars Entertainment Inc. (Arbitration Claim) [2021] EWHC 1931 (Comm) (09 July 2021)

Markel Bermuda Ltd v Caesars Entertainment Inc. (Arbitration Claim) [2021] EWHC 1931 (Comm) (09 July 2021)

The parties' correspondence and conduct objectively demonstrate agreement to London arbitration and New York law as special conditions for the Eldorado Policy. The omission of the endorsement in the issued policy was a scrivener's error, not reflecting the mutual intention. The arbitration agreement is binding and separable. Markel is entitled to rectification/reformation of the policy and a permanent anti-suit injunction restraining CEI from pursuing proceedings in Nevada or elsewhere contrary to the arbitration agreement.

Citation
[2021] EWHC 1931 (Comm)
Parties
Claimant/applicant: Markel Bermuda Limited; Defendant/respondent: Caesars Entertainment, Inc.
Jurisdiction
England and Wales
Judgment Date
09 July 2021
Procedural Posture
Arbitration Claim (part 8) / Expedited Trial; Final Judgment
Outcome
Claim allowed; permanent anti-suit injunction granted; policy rectified/reformed to include London arbitration and New York law endorsement.
Legal Topics
Anti Suit Injunction, Arbitration Agreement, Contract Formation, Rectification/reformation, Governing Law, Equitable Remedies
Arbitration Insurance Law Contract Law Anti Suit Injunction Arbitration Agreement Contract Formation Rectification/reformation Governing Law +1 more

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Parties

Markel Bermuda Limited

Claimant/applicant

Caesars Entertainment, Inc.

Defendant/respondent

Procedural Posture

Arbitration Claim (part 8) / Expedited Trial; Final Judgment

Legal Issues

  1. 1 Whether the Eldorado Policy included a binding London arbitration agreement and New York law clause
  2. 2 Whether the policy should be rectified/reformed to reflect the parties' mutual intention
  3. 3 Whether Markel is entitled to a permanent anti-suit injunction restraining CEI from pursuing US proceedings

Ratio Decidendi

The parties' correspondence and conduct objectively demonstrate agreement to London arbitration and New York law as special conditions for the Eldorado Policy. The omission of the endorsement in the issued policy was a scrivener's error, not reflecting the mutual intention. The arbitration agreement is binding and separable. Markel is entitled to rectification/reformation of the policy and a permanent anti-suit injunction restraining CEI from pursuing proceedings in Nevada or elsewhere contrary to the arbitration agreement.

Court Disposition

Claim allowed; permanent anti-suit injunction granted; policy rectified/reformed to include London arbitration and New York law endorsement.

Orders

  • Permanent anti-suit injunction restraining CEI from prosecuting Nevada proceedings against Markel
  • Rectification/reformation of Eldorado Policy to include London arbitration and New York law endorsement