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Charles Dougherty QC and Timothy Killen successfully oppose jurisdiction challenge under the Lugano Convention

Date: May 31, 2016

HHJ Waksman QC (sitting as a judge of the High Court) dismissed an application brought by Robertson & Co SA, a Swiss firm of loss adjusters, that the English courts did not have jurisdiction over a contract entered into between Robertson and a German reinsurer. The Court reiterated the general principles applicable to the agreement of jurisdiction clauses under Article 23 of the Lugano Convention, and found that the terms of a Master Agreement (including its jurisdiction clause) had been incorporated into an oral contract made between the parties at a meeting in Singapore. The Court was satisfied that the agreement to jurisdiction was evidenced in writing for the purposes of Article 23 by contemporaneous meeting notes, and certain emails.

Charles and Tim acted for the successful Reinsurer, R+V Versicherung AG, instructed by David Wilkinson and Ben Aram of Kennedys Law LLP.

Please click HERE for the judgment.

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