BRUSSELS CONVENTION
May 1st, 2005
BY KEITH NUTHALLINSURANCE companies cannot always rely on a key European legal convention to ensure a case is heard in its home jurisdiction, when fighting the claim of a foreign beneficiary about damages incurred abroad, the European Court of Justice (ECJ) has ruled. When such a client has not "expressly subscribed" to a clause complying with article 12(3) of the 1968 Brussels Convention on determining where cross-border cases are heard, it cannot be used by insurers wanting their court of choice, said the ECJ.The case focuses on a complex row over the alleged ...
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