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"The Alexandros T": a jurisdictional battle on the high seas

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • January 31 2014

A recent decision of the English Supreme Court, the "Alexandros T" 2013 UKSC 70, saw the Court grapple with the issues of a complex jurisdictional

Supreme Court refuses a stay of proceedings, allowing insurers to pursue damages for breach of settlement and jurisdiction agreements

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • December 11 2013

The Alexandros T 2013 UKSC 70 concerned the application of Articles 27 and 28 of EC Regulation 442001 (the Brussels Regulation). Where proceedings

English High Court holds vessel a constructive total loss

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • December 5 2013

In a lengthy judgment, Mr Justice Andrew Smith found that damage resulting from the grounding of the vessel "Irene EM" was caused by an insured peril

France and Spain lose state immunity in MT “PRESTIGE” case

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • November 26 2013

In The London Steam-Ship Owners' Mutual Insurance Association Ltd v (1) The Kingdom of Spain (2) The French State 2013 EWHC 3188, London Steam-Ship

London: breach of warranty allowed reinsurers to avoid reinsurance contract

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • August 19 2013

In the case of Amlin Corporate Member Limited & Ors v Oriental Assurance Corporation 2013 EWHC 2380 (Comm), (we have previously reported on related

Warranty to insure creates an assumption of risk and responsibility

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • March 15 2013

In Bunga S.A. v. Kyla Shipping Company Limited 2012 EWHC 3522 (Comm), the Commercial Court considered whether an arbitrator had made an error of

‘Boilerplate’ clause causes problems for Egyptian ship owner

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • January 7 2013

When an Egyptian ship owner seeks an indemnity from its United Arab Emirates-based insurer, for the constructive total loss of one of its vessels

Valiant appeal in loss of hire case dismissed

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • January 3 2013

The Court of Appeal in Valiant Insurance Co v (1) Sealion Shipping Ltd (2) Toisa Horizon Inc 2012 EWCA Civ 1625 has affirmed the High Court's first

Court of Appeal rules 'follow the settlements' clause not sufficient to permit a stay of proceedings

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • November 1 2012

In Amlin Corporate Member Ltd v Oriental Assurance Corporation 2012 EWCA Civ 1341, the Court of Appeal upheld the decision of the court of first instance in refusing a stay of English proceedings brought by reinsurers to seek to establish that they were not liable under a contract of reinsurance

The English High Court finds no compelling reason to displace a UAE jurisdiction clause

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • July 12 2012

In Aizkir Navigation Inc v Al Wathba National Insurance 2011 EWHC 3940 (Comm), the High Court considered a principle of contractual construction and held that a clause stating that claims "be settled in accordance with English Law and practice shall be so settled in Abu Dhabi (UAE)" amounted to an exclusive jurisdiction clause in favour of the United Arab Emirates (the UAE) and there was no overwhelming reason to displace that jurisdiction clause