Part IV Special Topics, 12 Insurance
From: Choice-of-court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Trevor C. Hartley
- Choice of court and insurance — Jurisdictional and choice of court agreements — Choice of court and immovable property — Choice of court and consumer contracts — Parties to litigation — Damages — Judgments from courts of a member state — Foreign punitive damages decisions in class actions
12.01 Choice-of-court agreements in insurance contracts fall within the scope of all the instruments; however, there is an important difference between the European instruments – Brussels and Lugano – on the one hand, and Hague on the other. Under the Hague Convention, insurance contracts are treated like any others; under the European instruments, the policy with regard to insurance is the same as that with regard to consumer contracts and individual employment contracts. In Brussels 2000 and 2012, this is expressed as follows in a Recital:1 In relation to...