ABSTRACT

10.1 The recent litigation in Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG (The Alexandros T) 1 is of immense significance in relation to the effectiveness of English jurisdiction agreements, in particular in a marine insurance policy and in a settlement agreement of such a policy, in the European arena. In that litigation English insurers had a clear English jurisdiction agreement in their insurance policy and in their settlement agreement of that policy, but the assured commenced proceedings in Greece. The insurers faced the nightmare scenario of further proceedings by the assured in another jurisdiction over three years after the case had been settled and payment made in full. Had the case really been settled or were years of further expensive litigation to be endured in an unexpected jurisdiction, so that the insurers could not close their accounts?