Insurance in Private International Law : a European Perspective

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Preface

Acknowledgements

Contents

Table of Cases

Abbreviations

Part I: The Substantive Law Background in Europe and its Significance for Private International Law

1. The Substantive Law in Europe

1. INTRODUCTION

2. THE EU INSURANCE MARKET

3. THE TREATY OF ROME

4. THE 1993 UNFAIR CONTRACT TERMS DIRECTIVE

5. REINSURANCE

6. THE FIRST NON LIFE INSURANCE DIRECTIVE

7. THE FIRST LIFE INSURANCE DIRECTIVE

8. THE CO-INSURANCE DIRECTIVE

9. THE SECOND NON LIFE INSURANCE DIRECTIVE. 10. THE SECOND LIFE INSURANCE DIRECTIVE

11. INSURANCE COMPANIES FROM THIRD COUNTRIES

12. THE 'THIRD GENERATION' INSURANCE DIRECTIVES

13. THE THIRD NON LIFE INSURANCE DIRECTIVE

14. THE THIRD LIFE INSURANCE DIRECTIVE

15. THE 'GENERAL GOOD' IN THE THIRD INSURANCE DIRECTIVES

16. THE EUROPEAN SUBSTANTIVE LAW FOR INTERMEDIARIES

17. ARE THE EC DIRECTIVES PRO-INSURED?

2. The Significance of the Substantive Law Background for Private International Law

1. IDENTIFYING THE PROBLEMS

3. General Remarks on Insurance Conflict of Laws. 1. THE MAJOR IMPORTANCE OF CHOICE OF LAW QUESTIONS IN INSURANCE LAW

2. POLICY CONSIDERATIONS: WHAT HAS TO BE ACHIEVED BY PRIVATE INTERNATIONAL LAW RULES IN THE FIELDS OF INSURANCE AND REINSURANCE?

3. POLICY ISSUES: THE CONNECTING FACTORS

4. SPECIFIC FEATURES OF CONFLICTS RULES IN INTERNATIONAL INSURANCE LAW

4. Admission of Insurance and Reinsurance Services and Products to the EU Market

Conflict of Laws Issues

1. INTRODUCTION

2. ADMISSION OF INSURANCE AND REINSURANCE SERVICES AND PRODUCTS

3. COMMUNICATION

4. OTHER ISSUES

5. LIABILITY. 6. THE IMPACT OF NEW TECHNOLOGIES ON THE ADMISSION OF INSURANCE AND REINSURANCE PRODUCTS TO THE EC INSURANCE MARKET

7. FINAL REMARKS

Part II: Jurisdictional Recognition and Enforcement of Judgments Problems and Possible Solutions

5. The Special Rules in the Brussels Regulation and Lugano Convention for Insurance and Reinsurance Disputes

1. WHICH SET OF RULES WILL APPLY IN INSURANCE CASES?

2. JURISDICTION UNDER THE BRUSSELS REGULATION AND LUGANO CONVENTION

3. THE OBJECTIVES OF THE SPECIAL RULES ON JURISDICTION AGREEMENTS IN INSURANCE MATTERS. 6. Recognition and Enforcement of Judgments in Insurance and Reinsurance Matters

1. WHEN WILL THE BRUSSELS REGULATION AND THE LUGANO CONVENTION APPLY?

2. THE SCOPE OF THE BRUSSELS REGULATION

3. RECOGNITION OF THE FOREIGN JUDGMENT

4. HOW PROBLEMS ARISE IN INSURANCE AND REINSURANCE CASES

7. Forum Shopping

1. INTRODUCTION

2. REASONS TO FORUM SHOP

3. FORUM SHOPPING WITHIN THE EUROPEAN UNION IN INSURANCE CASES

Part III: The Law Applicable to Insurance and Reinsurance Contracts Under the 1980 Rome Convention and the EC Insurance Directives