August 2007

The importance of jurisdiction and choice of law clauses - a European perspective 

Whether you are the underwriter or policyholder, choosing the jurisdiction for and applicable law to disputes arising out of your insurance (or reinsurance) contract may well be seen as secondary to the more important issue of the terms of cover, but the importance of those choices should not be under-estimated. A good lesson in the different approaches of even mainstream insurance jurisdictions can be had by looking at the experience of the production companies, banks, insurers and reinsurers embroiled in the film finance saga, which has kept the courts worldwide busy for the last seven years.

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