Lugano Convention and a good arguable case (R + V Versicherung v Robertson)

Table of contents

• Practical implications
• Facts
• Does the requirement for a written agreement require a party to have a copy of the agreement?
• Is there any law that insurance terms are incorporated into a reinsurance contract?
• Was the exclusive jurisdiction clause part of the reinsurance contract?
• Authorities relevant to the application of article 23
• Court details

Article summary

Dispute Resolution analysis: HHJ Waksman QC held that, for the purposes of article 23 of the Lugano Convention, the parties had entered into a written agreement for exclusive English court jurisdiction. The case considers the incorporation of clauses from a loss adjusting contracting with one reinsurer into the loss adjusting contract of another reinsurer, which involves different issues to those considered by the authorities when considering the incorporation of terms into a reinsurance contract from the underlying insurance contract.