Mujur Bakat Sdn Bhd and Anr v Uni Asia General Insurance Berhad and Ors (The "Mujur 1") - QBD (Comm Ct)(Eder J) - 18 March 2011

(2011) 819 LMLN 3

Conflict of laws - Jurisdiction - Forum non conveniens - Malaysian shipowners seeking to serve Malaysian hull and machinery insurers out of the jurisdiction -Insurance policy governed by English law - Whether England appropriate forum

The first and second claimants, both Malaysian companies, were respectively the owners and managers of the vessel Mujur 1. The defendants, also a Malaysian company, were the hull and machinery insurers of the vessel. The insurance policy incorporated the Institute Time Clauses Hulls 01/10/83 (“the ITC Clauses”) which were expressly stated to be “subject to English Law and practice”.