CATLIN SYNDICATE LTD V WEYERHAEUSER CO

[2018] EWHC 3609 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Knowles, 21 December 2018

Dispute resolution - Anti-suit injunction - Arbitration - Incorporation of arbitration clause - Construction of excess layer insurance policy

Under Weyerhaeuser's Lead Underlying Policy: disputes were to be resolved in London by arbitration; the interpretation and construction of the policy were subject to the laws of the State of Washington; and, solely for the purpose of effectuating arbitration, in the event of the failure by the insurer to pay any amount claimed to be due, the insurer was at the request of the assured to submit to the jurisdiction of any court of competent jurisdiction within the United States. The Fourth Excess Layer of Weyerhaeuser's cover contained: a service of suit clause under which Catlin as insurer was to submit to the jurisdiction of a court of competent jurisdiction in the US; and also a "follow" clause under which "this Policy will follow … the same terms, definitions, exclusions and conditions as are, at inception hereof, contained in the Lead Underlying Policy …". Weyerhaeuser commenced proceedings in Washington State, and Catlin sought an anti-suit injunction. The question was whether the Fourth Excess Layer provided for disputes to be referred to arbitration.