Cross-post: High Court Upholds Arbitration Agreement In Policy

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The decision is a clear illustration of the English courts' readiness to enforce English law governed arbitration agreements and protect the parties’ agreed method of dispute resolution...

United States Louisiana Litigation, Mediation & Arbitration

Antonia Pegden,Jack Nurney, and Elizabeth Kantor

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In Chubb Bermuda Insurance Ltd v Fertitta Entertainment, Inc [2026] EWHC 1392 (Comm), the English Commercial Court granted a final anti-suit injunction and awarded damages to the Claimant insurer after insured policyholders commenced three separate sets of proceedings in Louisiana in breach of a London arbitration clause. The decision is a clear illustration of the English courts' readiness to enforce English law governed arbitration agreements and protect the parties’ agreed method of dispute resolution. It also highlights the importance of carefully analysing dispute resolution provisions and ensuring consistency across different layers of an insurance programme. The Court reaffirmed that, where parties have agreed to arbitrate, their contractual bargain should ordinarily be upheld and will generally prevail over competing arguments based on forum conveniens, save in exceptional circumstances.

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