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Candidate
해상적하보험계약의 클레임 준거법 조항에 관한 연구
한낙현 ( Han Nag Hyeon ) , 김은주 ( Gim Eun Ju )
UCI I410-ECN-0102-2009-360-003490654

The Lloyd`s S.G. Form did not previously contain any specific reference to choice of forum or choice of law. It is something of an innovation to have in the current policy form the printed words: "This insurance shall be subject to the exclusive jurisdiction of the English Courts" and in the various Institute Clauses, in a prominent position immediately after the headline describing the particular clauses, the statement: "This insurance is subject to English law and practice." It would have been possible to deal with jurisdiction and proper law in a composite statement in the policy form, such as, "This insurance is subject to English law and practice."It is recognized, however, that the policy form might occasionally be used for insurances issued abroad. In such cases, the assured or his broker might wish to agree the deletion of the jurisdiction clause. Underwriters, however, considered it important that the Institute Clauses(which had been drafted and operated in the context of the English Marine Insurance Act) should so far as possible always be governed and construed according to English Law. Hence, the positioning of the English law and practice wording in the Institute Clauses was divorced from the English jurisdiction clause in the policy form itself to avoid the temptation on brokers to delete it in the mistaken belief that it represented a jurisdiction clause. The English jurisdiction clause will also be important, in practice, to enable underwriters to obtain leave to serve English proceedings outside the jurisdiction and, in a proper case, obtain an injunction against an assured, over whom the court has jurisdiction, preventing him suing in another jurisdiction in defiance of the English jurisdiction clause. When an injunction is sought to restrain an insured from suing overseas, it may be granted if England is the natural forum for the action and it would not be an injustice to the foreign insured for him to be required to sue in England instead of abroad.

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