Insurance Law Monthly
Jurisdiction clauses
The main question before the Court of Appeal in
Dornoch Ltd v Mauritius Union Assurance Co Ltd and Mauritius Commercial Bank Ltd
[2006] EWCA Civ 389 was whether the English court should assert jurisdiction over a claim by reinsurers for negative declaratory
relief. In concluding that jurisdiction should be exercised, the Court of Appeal (upholding the judgment of Aikens J
[2006] Lloyd’s Rep IR 127 on all points) considered a number of important reinsurance principles, including incorporation and back-to-back cover. The
leading judgment was given by Tuckey LJ.