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Limit (No.3) v PDV Insurance Co

19th Apr 2004

[2005] Lloyd’s Rep. IR 552

Sioban Healy acted for Respondent reinsurer applying to stay proceedings for negative declaratory relief on grounds of forum non conveniens.

Reinsurance – Conflict of laws – Direct risk and reinsurance written in Venezuela and retroceded into London – Application by retrocessionaires for declaration of non-liability – Retrocession containing disputes clause – Whether clause conferring jurisdiction on the English courts – Whether action more conveniently heard in England or Venezuela.