Axa Re v Ace Global Markets Ltd.

Axa Re v Ace Global Markets Ltd.

The arbitration clause in EXEL 1.1.90 is incorporated into the reinsurance contract. The express English law and jurisdiction clause in the slip is not inconsistent with the arbitration clause; both can operate in parallel, with the jurisdiction clause fixing the supervisory court for arbitration and post-arbitration proceedings. There is no implied deletion of the arbitration clause, and the application for a declaration and injunctive relief is dismissed.

Parties
Claimant: AXA RE; Defendant: ACE GLOBAL MARKETS LIMITED
Jurisdiction
England and Wales
Judgment Date
20 January 2006
Procedural Posture
Commercial Application / Judgment on Application for Declaration and Injunctive Relief
Outcome
Application dismissed
Legal Topics
Incorporation of Arbitration Clauses, Jurisdiction Clauses, Interpretation of Standard Terms, Conflict Between Arbitration and Jurisdiction Clauses
Arbitration Contract Law Reinsurance Incorporation of Arbitration Clauses Jurisdiction Clauses Interpretation of Standard Terms Conflict Between Arbitration and Jurisdiction Clauses

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Parties

AXA RE

Claimant

ACE GLOBAL MARKETS LIMITED

Defendant

Procedural Posture

Commercial Application / Judgment on Application for Declaration and Injunctive Relief

Legal Issues

  1. 1 Whether the arbitration clause in EXEL 1.1.90 is incorporated into the reinsurance contract despite an express English law and jurisdiction clause in the slip
  2. 2 Whether the two clauses are inconsistent or can be reconciled

Ratio Decidendi

The arbitration clause in EXEL 1.1.90 is incorporated into the reinsurance contract. The express English law and jurisdiction clause in the slip is not inconsistent with the arbitration clause; both can operate in parallel, with the jurisdiction clause fixing the supervisory court for arbitration and post-arbitration proceedings. There is no implied deletion of the arbitration clause, and the application for a declaration and injunctive relief is dismissed.

Court Disposition

Application dismissed