This book provides a much-needed analysis of this very important subject for international business lawyers,including discussion of the jurisdictional and choice of laws issues arising from cross-border contracts of insurance and reinsurance concluded by electronic means. This book is the first published in England to devote itself to a detailed analysis of the choice of laws rules in the E.C. Insurance Directives. It is aimed at academics and practitioners, at private international lawyers and at insurance lawyers. The private international law rules of the E.C. Insurance Directives deal with the applicable law to insurance contracts covering risks situated within the EU. They do not deal with the applicable law to reinsurance contracts and insurance contracts covering risks situated outside the EU. This should be ascertained by reference to the choice of laws provisions in the 1980 Rome Convention on the law applicable to contractual obligations. Detailed discussion of these rules is also provided, and proposals for reform suggested.
Francesco Seatzu is an Assistant Professor of International and European Union Law at the University of Cagliari in Italy.
Table of Cases Table of Abbreviations Part I. The Substantive Law Background in Europe and its Significance for Private International Law 1. The substantive law in Europe 2. The Significance of the Substantive Law Background for Private International Law 3. General Remarks on Insurance Conflict of Laws 4. Admission of Insurance and Reinsurance Services and Products to the EU Market-Conflict of Laws Issues Part II. Jurisdictional Recognition and Enforcement of Judgments Problems and Possible Solutions Section I. Jurisdictional Problems and Possible Solutions: Preliminary Observations 5. The special rules of the Brussels Regulation and Lugano Convention for insurance and reinsurance disputes Section II. Cross-border Co-operation Regarding Litigation in Insurance and Reinsurance Matters: Preliminary Observations 6. Recognition and Enforcement of Judgments in Insurance and Reinsurance Matters 7. Forum shopping Part III. The Law Applicable to Insurance and Reinsurance Contracts under the 1980 Rome Convention and the EC Insurance Directives 8. The 1980 Rome Convention and the Law Applicable to Insurance and Reinsurance Contracts 9. The Choice of Law Rules in the Second and Third Non-Life Directives 10. Applicable Law under the Second and Third-Life Assurance Directives 11. The Implementation of the EC Choice of Laws Provisions for Insurance Contracts in the United Kingdom Part IV. The European Private International Law of Compulsory Insurance 12. The EC Choice of Law Rules for Compulsory Insurance Contracts: the General Rules 13.The EC Choice of Law Rules for Motor Vehicle Insurance Contracts Part V. The European Private International Law Rules of Insurance and Reinsurance Contracts Concluded by Electronic Means 14. Electronic Commerce Law in Europe 15. Insurance and Reinsurance Contracts Concluded by Electronic Means: Jurisdictional and Applicable Law Problems 16. Choice of Law in Relation to Insurance and Reinsurance Contracts Concluded by Electronic Means 17. General Conclusions Appendices Bibliography