Axis Corporate Capital UK II Ltd & Ors v ABSA Group Ltd & Ors [2021] EWHC 861 (Comm) (13 April 2021)

Axis Corporate Capital UK II Ltd & Ors v ABSA Group Ltd & Ors [2021] EWHC 861 (Comm) (13 April 2021)

The Excess Layer Reinsurance contracts contain an exclusive jurisdiction clause in favour of the courts of England and Wales, and proceedings in South Africa on those contracts are in breach of contract and should be restrained by anti-suit injunction. The Primary Layer Reinsurance contract does not contain an express or implied exclusive jurisdiction clause, and the South African proceedings on that contract are not vexatious, oppressive, or unconscionable; therefore, no injunction should be granted in respect of the Primary Layer claims.

Citation
[2021] EWHC 861 (Comm)
Parties
Claimant / Applicant: AXIS Corporate Capital UK II Limited and Others; Defendant / Respondent: ABSA Group Limited; Defendant / Respondent: ABSA Bank Limited; Defendant / Respondent: ABSA Nominees Proprietary Limited; Defendant / Respondent: ABSA Manx Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
13 April 2021
Procedural Posture
Commercial Court Application for Continuation of Interim Anti Suit Injunction / Return Date Hearing on Interim Injunction
Outcome
Partial grant of anti-suit injunction
Legal Topics
Anti Suit Injunctions, Jurisdiction Clauses, Reinsurance Contracts, Exclusive Jurisdiction, Implied Terms, Forum Non Conveniens
Commercial Law Insurance Law Private International Law Anti Suit Injunctions Jurisdiction Clauses Reinsurance Contracts Exclusive Jurisdiction Implied Terms +1 more

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Parties

AXIS Corporate Capital UK II Limited and Others

Claimant / Applicant

ABSA Group Limited

Defendant / Respondent

ABSA Bank Limited

Defendant / Respondent

ABSA Nominees Proprietary Limited

Defendant / Respondent

ABSA Manx Insurance Company Limited

Defendant / Respondent

Procedural Posture

Commercial Court Application for Continuation of Interim Anti Suit Injunction / Return Date Hearing on Interim Injunction

Legal Issues

  1. 1 Whether the Excess Layer Reinsurance contracts contain an exclusive jurisdiction clause in favour of the courts of England and Wales
  2. 2 Whether the Primary Layer Reinsurance contract contains an express or implied exclusive jurisdiction clause
  3. 3 Whether the South African proceedings on the Primary Layer Reinsurances are vexatious, oppressive, or unconscionable so as to justify an anti-suit injunction

Ratio Decidendi

The Excess Layer Reinsurance contracts contain an exclusive jurisdiction clause in favour of the courts of England and Wales, and proceedings in South Africa on those contracts are in breach of contract and should be restrained by anti-suit injunction. The Primary Layer Reinsurance contract does not contain an express or implied exclusive jurisdiction clause, and the South African proceedings on that contract are not vexatious, oppressive, or unconscionable; therefore, no injunction should be granted in respect of the Primary Layer claims.

Court Disposition

Partial grant of anti-suit injunction

Orders

  • Continuation of anti-suit injunction restraining the Defendants from pursuing the South African proceedings in respect of the Excess Layer Reinsurance contracts
  • Refusal to continue the injunction in respect of the Primary Layer Reinsurance contract; South African proceedings on the Primary Layer may continue