In Agnew -v- Lansforakringsbolagens AB 1 , the House of Lords considered whether in proceedings between a reinsurer and its cedant, the parties were bound to litigate in England (as contended by the reinsurer, Agnew) or Sweden (as argued by the cedant). Needless to say, the contracts were silent on the issue.
It is nowadays well appreciated that the lack of a governing law and jurisdiction clause will leave London market reinsurers exposed to the possibility of litigating a dispute in an unfavourable overseas court. For reinsurers of cedants located within the European Union, the question of the applicable jurisdiction is dictated by either the Brussels or Lugano Conventions 2 . The Conventions (which are in virtually identical terms) provide that, except in respect of a few limited specific exceptions, "a person domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that state" 3 . Subject to the Conventions’ exceptions, reinsurers seeking to
