DORNOCH LTD v MAURITIUS UNION ASSURANCE CO LTD MAURITIUS COMMERCIAL BANK LTD

[2006] Lloyd's Rep IR 127

QUEEN’S BENCH DIVISION COMMERCIAL COURT

Before Mr Justice Aikens

Reinsurance - Conflict of laws - Direct bankers’ blanket policy governed by law of Mauritius - Reinsurance governed by English law - Proceedings for negative declaration issued by reinsurers in England - reinsurers then joined to action by assured against insurers in Mauritius - Whether anti-suit injunction should be granted in favour of reinsurers - Whether reinsurance incorporated an exclusive jurisdiction clause - Law applicable to reinsurance - Rome Convention 1980, articles 2 and 3 - Whether England the most convenient forum for action - Action in tort by reinsurers for fraudulent misrepresentation - Law applicable to tort claim - Private International Law (Miscellaneous Provisions) Act 1995, sections 11 and 12.