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Tag Archives: jurisdiction

Posted in Case reports, UK

“Come one, come all”: the Court of Appeal opens the floodgates and expands the scope of the jurisdictional gateways

Eurasia v Aguad [2018] EWCA Civ 1742 The Court of Appeal (“CoA“) has held that two of the “general grounds” jurisdictional gateways (as opposed to those gateways which operate only in relation to a specific type of claim) are complementary to each other, such that additional foreign defendants can be brought within English jurisdiction despite

Posted in Market developments, USA

US: service of suit clauses: do they also dictate the applicable law in reinsurance disputes?

Hogan Lovells Litigation and Arbitration partner, Pieter Van Tol, has written a recent article, entitled “Service of Suit Clauses: Do They Also Dictate the Applicable Law in Reinsurance Disputes?” The article was published in the last ARIAS Quarterly. This should be of particular interest to practitioners and companies with connections to New York because, as noted in the

Posted in Case reports, European Union

EU: Where in the world?

2015 saw some interesting judgments dealing with jurisdictional questions of relevance to the insurance market. In this article we look at two of these. Where will we be sued? Jurisdictional uncertainty for insurers and insureds In Mapfre and another v Keefe, the Court of Appeal considered whether the English court had jurisdiction over a direct

Posted in Case reports, UK

UK: Competing exclusive jurisdiction and arbitration clauses: the Fiona Trust “one-stop” presumption displaced

The High Court has held (in the recent case of AmTrust Europe Limited v Trust Risk Group SpA [2014] EWHC 4169 (Comm)) that it had jurisdiction – despite there being competing exclusive jurisdiction and arbitration clauses – to grant an injunction requiring a broker to replace money it had transferred out of an account held on