Amin Rasheed Shipping Corp v Kuwait Insurance Co

[1984] AC 50

Ratio Decidendi

The proper law of a contract is the system of law with which the transaction has its closest and most real connection, determined objectively where the parties have not made an express choice.

Hechos

A Liberian company and a Kuwaiti insurer disputed the proper law of a marine insurance policy issued in Kuwait but based on Lloyd's standard form.

Resumen de la sentencia

The House of Lords held that English law was the proper law, as the policy was in standard Lloyd's form and the relevant maritime law connection was English.

Citas clave

"The proper law of a contract is the system of law by reference to which the contract was made."
— Lord Diplock

Tratamiento posterior

Applied

Applied in pre-Rome I cases on proper law determination.