Cross-border issues

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This Overview guides practitioners to key materials on cross‑border issues in insurance and reinsurance, linking to legislation, regulatory guidance and practical resources. Cross‑border activity is integral to risk placement, capital management and claims, and engages rules on authorisation, contract law, jurisdiction, enforcement and conduct.

Practitioners must analyse governing law and jurisdiction clauses, the application of the Rome I Regulation in the UK, non‑contractual liabilities, and the post‑Brexit position on jurisdiction and enforcement, including the Hague Choice of Court Convention 2005 and service out of the jurisdiction. Arbitration remains central in reinsurance; selection of seat, law and tribunal affects anti‑suit relief.

Regulatory questions include the end of EEA passporting, the need for local permissions for cross‑border distribution, the role of the PRA and FCA, EIOPA’s guidance within the EEA, and Solvency II/UK prudential requirements for branches, group supervision and recognition of third‑country reinsurers. Market participants must also address outsourcing and data transfers under the UK GDPR, sanctions compliance overseen by OFSI, and financial crime controls.

Practical issues span placement via fronting or coverholders, collateral and credit risk, tax and withholding on premiums or claims, claims co‑ordination across jurisdictions, and consumer...

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