Reinsurance: the terms of the agreement

In two cases arising out of the same transactions, Tyson International Co Ltd v Partner Reinsurance Europe SE [2023] EWHC 3243 (Comm); [2024] Lloyd's Rep IR 279 and Tyson International Co Ltd v GIC Re, India, Corporate Member Ltd [2024] EWHC 236 (Comm); [2024] Lloyd's Rep IR 609 two High Court judges, respectively Stephen Houseman KC and Christopher Hancock KC, were required to determine which of two successive reinsurance contracts governed the relationship between the parties.

The point mattered because the two agreements contained different dispute resolution provisions. Shortly after the latter ruling, the Court of Appeal dismissed an appeal in the first of these cases Tyson International Co Ltd v Partner Reinsurance Europe SE [2024] EWCA Civ 363; [2024] Lloyd's Rep IR 633, on much the same reasoning as that adopted by Mr Houseman KC.