Agreement to arbitrate
Agreement to arbitrate
- 2006
- Arbitration Law Monthly 6(5) May 2006, 9-10(2) .
In "Axa Re v Ace Global Markets Ltd" ([2006] EWHC 216 Comm, unreported), the court had to decide whether reference in a reinsurance agreement requiring arbitration in London prevailed over an express clause declaring that English law and jurisdiction applied, in the event that they could not be reconciled. It was held that there was no basis for giving priority to the law and jurisdiction clause, and that the two conflicting clauses could be reconciled. The court was satisfied that the arbitration clause was incorporated by reference, as both parties were aware of it, and that the law and jurisdiction clause did not preclude such incorporation.
AXA RE V ACE GLOBAL MARKETS LTD
In "Axa Re v Ace Global Markets Ltd" ([2006] EWHC 216 Comm, unreported), the court had to decide whether reference in a reinsurance agreement requiring arbitration in London prevailed over an express clause declaring that English law and jurisdiction applied, in the event that they could not be reconciled. It was held that there was no basis for giving priority to the law and jurisdiction clause, and that the two conflicting clauses could be reconciled. The court was satisfied that the arbitration clause was incorporated by reference, as both parties were aware of it, and that the law and jurisdiction clause did not preclude such incorporation.
AXA RE V ACE GLOBAL MARKETS LTD