• Hassett's Objections: World Reinsurance Court?
  • May 7, 2007 | Author: Lewis E. Hassett
  • Law Firm: Morris, Manning & Martin, LLP - Atlanta Office
  • Against this backdrop, it is surprising that American courts are becoming quicker to allow English courts plenary control over cases relating to the London reinsurance market, even with respect to disputes involving American reinsureds, reinsurers or risks. While recognizing their power to exercise jurisdiction, these courts cite the doctrine of forum non conveniens as supporting a relinquishment of jurisdiction in favor of English courts. For example, in Odyssey Re (London) Ltd. v. Stirling, Cooke, Brown Holdings, Ltd, 85 F.Supp. 2d 282 (S.D.N.Y. 2000), a federal court in New York declined to hear a Unicover-related dispute involving American workers' compensation risks. The cedant was an American insurer, although the dispute was between the reinsurer and American and English brokers. Citing forum non conveniens, the court dismissed the case, holding that the parties should litigate in London.