RAIFFEISEN ZENTRALBANK OSTERREICH A.G. v. FIVE STAR GENERAL TRADING L.L.C. AND OTHERS (THE “MOUNT I”) [2001] EWCA CIV 68

[2001] 1 Lloyd's Rep. 597

COURT OF APPEAL

Before Lord Justice Aldous, Lord Justice Manceand Mr. Justice Charles

Conflict of laws - Insurance (Marine) - Assignment - Vessel insured with French insurers - First defendants assigned insurance on vessel to claimant bank - Notice of assignment not given in accordance with French law - Vessel in collision with cargo carrying vessel - Vessel arrested and sold through Malaysian Court - Cargo-owners obtained attachments in France of insurance and their proceeds - Whether assignment governed by English law - Effect of art. 12 of Rome Convention.