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Excess Insurance Co. Ltd. And Home And Overseas Insurance Co. Ltd.-v- C. J. Mander

5th May 1995

[1997] 2 Lloyd’s Rep. 119; [1995] LRLR 358

Gavin Kealey QC and Stephen Kenny acted for the claimant reinsureds. This is a leading case on the incorporation of arbitration clauses into retrocession agreements by reference to the underlying reinsurance contract. Held, that general words of incorporation were ineffective to achieve this.

Reinsurance – Arbitration clause – Incorporation – Stay of action – Dispute under retrocession and XOL treaty – Retrocession incorporated “all terms, clauses, conditions and warranties” of XOL treaty – Whether arbitration clause in XOL treaty incorporated – Whether stay of proceedings should be granted.