GAN Insurance Company Ltd & Anor v Tai Ping Insurance Company Ltd [1999] EWCA Civ 1524 (28 May 1999)

GAN Insurance Company Ltd & Anor v Tai Ping Insurance Company Ltd [1999] EWCA Civ 1524 (28 May 1999)

The reinsurance contract was governed by English law, demonstrated with reasonable certainty by the terms and circumstances, including placement in London and use of standard London market clauses. England was clearly the appropriate forum for the dispute. Application to set aside service out of jurisdiction was properly dismissed.

Citation
[1999] EWCA Civ 1524
Parties
Claimant/respondent: GAN Insurance Company Limited; Defendant/appellant: Tai Ping Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
28 May 1999
Procedural Posture
Appeal From High Court (application to Set Aside Service of Writ Out of Jurisdiction) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Proper Law of Contract, Reinsurance, Forum Conveniens, Service Out of Jurisdiction, Declaratory Relief
Insurance Law Conflict of Laws Civil Procedure Proper Law of Contract Reinsurance Forum Conveniens Service Out of Jurisdiction Declaratory Relief

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Parties

GAN Insurance Company Limited

Claimant/respondent

Tai Ping Insurance Company Limited

Defendant/appellant

Procedural Posture

Appeal From High Court (application to Set Aside Service of Writ Out of Jurisdiction) / Court of Appeal Judgment

Legal Issues

  1. 1 What is the proper law governing the reinsurance contract?
  2. 2 Is England the appropriate forum for the dispute?
  3. 3 Should service out of jurisdiction be set aside?

Ratio Decidendi

The reinsurance contract was governed by English law, demonstrated with reasonable certainty by the terms and circumstances, including placement in London and use of standard London market clauses. England was clearly the appropriate forum for the dispute. Application to set aside service out of jurisdiction was properly dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Leave to appeal to House of Lords refused