NEW ENGLAND REINSURANCE CORPORATION FIRST STATE INSURANCE CO V MESSOGHIOS INSURANCE CO SA

(1993) 2 Re LR 43

Court of Appeal

Before Lord Justice Dillon, Lord Justice Balcombe and Lord Justice Leggatt

Jurisdiction - Reinsurance dispute - Domicile - Place of performance - Writ issued in England by United States cedants against Greek reinsurer - Whether cedants had good arguable case that place of performance of obligation was London - Whether telex messages exchanged between parties indicated no binding agreement - Whether cedants’ case disclosed serious issue calling for trial - Whether instructions by cedants’ agent to reinsurer to have cheque available in London could constitute variation of contractual requirement that payment was to be made in Boston - Civil Jurisdiction and Judgments Act 1982 (Brussels Convention) articles 2, 5.