MARITIME INSURANCE COMPANY, LTD. v. ASSECURANZ-UNION VON 1865.

(1935) 52 Ll L Rep 16

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Insurance-Reinsurance-Enforceability of treaty-Conflict of laws-English or German law-Reinsurance treaty entered into between English and German companies-No policies issued-Liquidation of German company-Amount owing to English company-Contention by liquidator that English law was applicable and that therefore any claim by the English company was unenforceable -Arbitration-Award that treaty was governed by German law and that English company were therefore entitled to the amount claimed-Case stated-Intention of parties-Treaty executed by English company in England and finally executed by German company in Germany-Whether the Court was entitled to assume that the parties must have intended German law to apply, as the contract was invalid by English law-Inference to be drawn form clause in treaty providing that "if any difference or dispute of any kind whatsoever shall arise with reference to the meaning and/or effect of this reinsurance treaty or with reference to any transaction under this reinsurance treaty the same shall be referred to two independent arbitrators who are executive officers of marine insurance or marine reinsurance companies, one to be chosen by each party, and an umpire of who must also be an executive officer of a marine insurance or marine reinsurance company, chosen by said arbitrators before they enter upon arbitration. In the event of either party failing to nominate its arbitrator . . . then the Chairman for the time being of the Institute of London Underwriters shall nominate such arbitrator or umpire. The seat of the arbitration shall be in London, and the decision of the arbitrators or umpire, as the case may be, shall be final and binding on both parties without appeal."