Amin Rasheed Shipping Corpn v. Kuwait Insurance Co. (The Al Wahab) - Court of Appeal (Sir John Donaldson M.R., May & Robert Goff L.JJ.) - 15 December 1982

Kuwaiti marine insurance policy in Lloyd’s standard form - Proper law

The plaintiffs - Liberian owners of the vessel Al Wahab - took out a marine and war risk insurance policy on the vessel with the defendants (KIC). The vessel was subsequently alleged to have become a constructive total loss but the defendants rejected the plaintiffs’ notice of abandonment. In May 1981 the plaintiffs obtained leave to serve proceedings upon KIC in Kuwait. Subsequently, Bingham J. set aside that order on the ground that the policy was governed by Kuwaiti law, and therefore there was no jurisdiction to order service on KIC under Order 11, rule 1. Bingham J. also held that had English law been the proper law, he would have exercised his discretion in favour of KIC. The plaintiffs appealed to the Court of Appeal.