FAI GENERAL INSURANCE CO LTD v OCEAN MARINE MUTUAL PROTECTION AND INDEMNITY ASSOCIATION AND ANOTHER

[1998] Lloyd's Rep IR 24

AUSTRALIA NEW SOUTH WALES COMMERCIAL DIVISION

Before GILES CJ COMM D

Jurisdiction - Reinsurance contract - English jurisdiction clause - Claims by reinsurer in New South Wales court for declarations that reinsurance properly avoided - Claim in English courts by reinsured for declarations that reinsurances were valid and enforceable - Whether contracts included clauses by which parties agreed to exclusive jurisdiction of English courts - Whether, as matter of construction, contracts provided for exclusive jurisdiction of English courts - Whether New South Wales court should decline to exercise jurisdiction and whether reinsured should be restrained from continuing with English proceedings.