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(From Reinsurance)
The nature of the reinsurance business is international, with parties to reinsurance contracts often being based in different countries. This means that the legal rules that determine where international disputes are decided are as important in the reinsurance context as ever. For parties based within the EU, the Judgments Regulation and the Brussels and Lugano Conventions (referred to here as "the Convention") lay down a strict code of jurisdictional rules. These rules have often come into conflict with the more flexible common-law approach to jurisdiction shown by the English courts.
Two recent cases - Owusu v Jackson and KCM v ...