MORA SHIPPING INC v AXA CORPORATE SOLUTIONS ASSURANCE SA

[2005] 2 Lloyd's Rep. 769

COURT OF APPEAL

Before Lord Justice Ward, Lord Justice Clarke and Lord Justice Neuberger

Insurance (marine) - Conflict of laws - Jurisdiction - Insurers subscribing to average guarantee - Payment to be either to cargo owners or to average adjusters - Demand by average adjusters for payment in England - Proceedings commenced against insurers in England - Whether English courts had jurisdiction over insurers - Place of performance of the obligation in question - Council Regulation 44/2001, article 5.