Four defendants from Argentina sought to have set aside an order for them to be served, saying the appropriate jursidiction, if there was a triable issue, would be Argentina.
Held: The agreements were to be construed according to English Law. There was an advantage in settling these issues in advance of pessification. ‘Where points of construction of English law are involved, particularly those which involve Reinsurance with conditions precedent, ‘full reinsurance’ clauses and ‘follow the settlements’ clauses, the natural expectation of the parties must be for the English Courts to resolve such matters. ‘
Judges:
Cooke The Honourable Mr Justice Cooke
Citations:
[2004] EWHC 1186 (Comm)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – The Zephyr 1984
Whilst it is possible to make a contract which is partly oral and partly written, that is not the practice of the marine insurance market. The policy is the formal contractual document issued to the assured and unequivocally contains the terms of . .
Cited – Credit Lyonnais v New Hampshire Insurance Company CA 12-Mar-1997
Whether two policies of insurance were governed by English or French law. . .
Cited – Volvox Hollandia 1998
. .
Cited – Messier-Dowty Ltd and Another v Sabena Sa and Others CA 21-Feb-2000
The defendants sought a declaration that they would not be liable in respect of their potential involvement in a pending action. The appellants asserted that such a declaration could not be granted since no proceedings were yet in issue. The court . .
Cited – New Hampshire Insurance Company and others v Phillips Electronics North America Corporation CA 16-May-1997
In the context of applications for negative declarations: ‘1. There is power to grant a negative declaration in an appropriate case, the fundamental test being whether it would be useful. 2. However, careful scrutiny will be exercised not only to . .
Cited – Forsikringsaktieselskapt Vesta v Butcher HL 1988
A contract of insurance and a facultative reinsurance, under which part of the original risk was reinsured, contained warranties in identical terms.
Held: The warranty in the reinsurance policy, which was governed by English law, should be . .
Cited – Groupama Navigation Et Transports; Continent Sa; Mutuelles Du Mans; Zurich International France SA and Gie Generali Transports (Bodies Corporate) v V Catatumbo Seguros (a Body Corporate) CA 20-Jul-2000
. .
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Cited – The Nile Rhapsody ComC 1992
. .
Cited – Baker v Black Sea and Baltic General Insurance Co Ltd HL 20-May-1998
The question agreed to be before the court was ‘Where an insurer incurs costs in investigating settling or defending claims by his insured, can the insurer recover a proportion of these costs under a quota share or other form of proportional . .
Cited – The Nile Rhapsody CA 1994
. .
Cited – CGU v Szabo 2002
. .
Cited – Munchener Ruckversicherungsgesellschaft (Trading As Munich Reinsurance Company) v Commonwealth Insurance Company ComC 28-Apr-2004
Challenge to leave to serve proceedings on Canadian defendant. . .
Cited – The Lincoln National Life Insurance Co v Employers Reinsurance Corporation ComC 5-Feb-2002
. .
Cited – Prifti and others v Musini Sociedad Anonima De Seguros Y Reaseguros ComC 21-Nov-2003
‘It is argued that because the subject matter of the Reinsurance was a Spanish risk, the commercial context of the . . Reinsurance suggests in the absence of an express jurisdiction agreement, that the parties intended the Spanish Courts to have . .
Cited – Siporex Trade SA v Comdel Commodities 1986
The court should not absolve a defaulting party from the consequences of its neglect by maintaining a Mareva injunction order in force. . .
Cited – The Giovanna 1999
Non-disclosure by applicant for interim relief . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 11 June 2022; Ref: scu.197932