Act 13.2 of the Judgments Regulation prevented the operation of any purported exclusive jurisdiction clauses in unit-linked life insurance contracts, so that proceedings under the contracts fell to be commenced in either of the respective jurisdictions where the insured and insurer were domiciled, namely Spain or Luxembourg. The English court had no jurisdiction to try the claim and the claimants' appeal was dismissed (Sherdley v Nordea Life and Pensions SA).
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Jurisdiction dispute
- Mills & Reeve LLP
- Miranda Whiteley
- United Kingdom
- March 2 2012
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How Yee Loh
In-house Counsel
Kuok Group