Axis Corporate Capital UK II Ltd & Ors v ABSA Group Ltd & Ors

Axis Corporate Capital UK II Ltd & Ors v ABSA Group Ltd & Ors

The excess layer reinsurance contracts contain exclusive jurisdiction clauses 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 or imply an exclusive jurisdiction clause; proceedings in South Africa on that contract are not vexatious, oppressive, or unconscionable and should not be restrained.

Parties
Claimant: AXIS Corporate Capital UK II Limited; Defendant: ABSA Group Limited; Defendant: ABSA Bank Limited; Defendant: ABSA Nominees Proprietary Limited; Defendant: ABSA Manx Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
13 April 2021
Procedural Posture
Commercial / Return Date Hearing on Interim Anti Suit Injunction
Outcome
Partial continuation of anti-suit injunction
Legal Topics
Anti Suit Injunction, Exclusive Jurisdiction Clauses, Reinsurance Contracts, Interpretation of Jurisdiction Clauses
Contract Law Insurance Law Civil Procedure Anti Suit Injunction Exclusive Jurisdiction Clauses Reinsurance Contracts Interpretation of Jurisdiction Clauses

Case Brief

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Parties

AXIS Corporate Capital UK II Limited

Claimant

ABSA Group Limited

Defendant

ABSA Bank Limited

Defendant

ABSA Nominees Proprietary Limited

Defendant

ABSA Manx Insurance Company Limited

Defendant

Procedural Posture

Commercial / Return Date Hearing on Interim Anti Suit Injunction

Legal Issues

  1. 1 Whether the South African proceedings breach exclusive jurisdiction agreements in the reinsurance contracts
  2. 2 Whether the primary layer reinsurance contract contains or implies an exclusive jurisdiction clause
  3. 3 Whether the excess layer reinsurance contracts contain exclusive jurisdiction clauses

Ratio Decidendi

The excess layer reinsurance contracts contain exclusive jurisdiction clauses 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 or imply an exclusive jurisdiction clause; proceedings in South Africa on that contract are not vexatious, oppressive, or unconscionable and should not be restrained.

Court Disposition

Partial continuation of anti-suit injunction

Orders

  • South African proceedings on the Excess Layer Reinsurances are restrained by anti-suit injunction
  • South African proceedings on the Primary Layer Reinsurances are permitted to continue