Stay of proceedings: conflicting arbitration and jurisdiction clauses

In earlier proceedings in Tyson International Co Ltd v GIC Re, India, Corporate Member Ltd [2025] Lloyd's Rep IR 609, Christopher Hancock KC reached the provisional conclusion that arrangements between the parties had resulted in agreement whereby exclusive jurisdiction was conferred upon the English courts and that an anti-suit injunction preventing the continuation of proceedings in New York should be continued.

In the present hearing, Tyson International Co Ltd v GIC Re, India, Corporate Member Ltd [2025] EWHC 77 (Comm); [2025] Lloyd's Rep IR 182, there was an application heard by Nigel Cooper KC to set aside the anti-suit injunction and an application for a stay of the English proceedings so that the dispute could proceed to arbitration. There was a counter-application for the anti-suit injunction to be made permanent.