British- American Insurance (Kenya) Ltd v Matelec Sal & Anor

British- American Insurance (Kenya) Ltd v Matelec Sal & Anor

The endorsement applies to both the insurance and reinsurance contracts, and the arbitration provision is effective for disputes between BAIC and the insured parties. The exclusive jurisdiction clause does not prevent arbitration, and the contractors are bound to refer disputes to arbitration in London.

Parties
Claimant: British-American Insurance (Kenya) Ltd; Defendant: Matelec SAL; Defendant: Thika Power Ltd
Jurisdiction
England and Wales
Judgment Date
29 October 2013
Procedural Posture
Arbitration Claim / Judgment
Outcome
Judgment for the claimant (BAIC) on both issues; relief granted as per consent order.
Legal Topics
Arbitration Agreement, Jurisdiction, Governing Law, Rectification, Estoppel
Arbitration Insurance Law Contract Law Arbitration Agreement Jurisdiction Governing Law Rectification Estoppel

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Parties

British-American Insurance (Kenya) Ltd

Claimant

Matelec SAL

Defendant

Thika Power Ltd

Defendant

Procedural Posture

Arbitration Claim / Judgment

Legal Issues

  1. 1 Whether BAIC is entitled to refer disputes arising in connection with the amended policy to arbitration in London
  2. 2 Whether the contractors are bound to refer disputes arising in connection with the amended policy to arbitration in London

Ratio Decidendi

The endorsement applies to both the insurance and reinsurance contracts, and the arbitration provision is effective for disputes between BAIC and the insured parties. The exclusive jurisdiction clause does not prevent arbitration, and the contractors are bound to refer disputes to arbitration in London.

Court Disposition

Judgment for the claimant (BAIC) on both issues; relief granted as per consent order.

Orders

  • Declaration that there is a binding agreement to arbitrate
  • Contractors given 7 days to appoint an arbitrator, subject to appeal timelines