CATLIN SYNDICATE LTD V AMEC FOSTER WHEELER USA CORPORATION

[2020] EWHC 2530 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Jacobs, 24 September 2020

Insurance (liability) – Conflict of laws – Anti-suit injunction – Binding effect of exclusive jurisdiction clause – Whether arbitration clause incorporated – Senior Courts Act 1981, section 37

The claimant insurers subscribed to an Excess Liability Policy for AMEC, governed by English law with disputes subject to the exclusive jurisdiction of the English courts. The coverage was US$40 million in excess of US$27.5 million, made up of a self-insured retention of US$7.5 million and a Primary Policy for US$20 million. Both policies covered AMEC’s defence costs. The terms of the Primary Policy, including the choice of law and jurisdiction provisions, were materially identical to those of an Excess Policy, although there was in addition an arbitration clause in the Primary Policy. The Excess Policy was written “subject to the same terms, exclusions, conditions and definitions” as the Primary Policy. The defendants also had a Local Policy issued in New Jersey, which provided at least the same coverage as the Primary Policy.