3.3.2 if the claimants are foreign persons and companies, but if the insurer is a national company? 3.3.3 if the claimants and the insurer are foreign companies? Answer Arguably, the law agreed for in the contract should apply on the assumption that a direct action is an action pursued pursuant to the terms of the insurance contract (Chapter 9 Section 7 of the Insurance Contract Act). 4. Jurisdiction/Proceedings 4.1 Does your national law contain provisions on jurisdiction of courts for direct claims against Insurers? Answer Yes. Claims against an insurer for oil pollution damage should be filed with a Maritime Court in Sweden pursuant to Chapter 10 Section 18, Chapter 21 Sections 5 and 6 of the Maritime Code If so, does your national law 4.1.1 allow foreign claimants to directly sue national insurers in your national courts? 4.1.2 allow foreign and national claimants to directly sue foreign insurers in your national courts? Answer Yes, provided the oil pollution damage occurred within Swedish territory or the Swedish EEZ. 4.2 Does your national law allow that the direct claims against an insurer are subject to an arbitration clause Answer Yes, although it seem to be disputed by some authors. 4.3 Does a judgement against the liable party bind the courts of your country in a direct action against an insurer as regards the merits and quantum? Answer It does not bind the courts trying the direct action but it has evidentiary value in that action.
3.3.2 if the claimants are foreign persons and companies, but if the insurer is a national company? 3.3.3 if the claimants and the insurer are foreign companies? Answer Arguably, the law agreed for in the contract should apply on the assumption that a direct action is an action pursued pursuant to the terms of the insurance contract (Chapter 9 Section 7 of the Insurance Contract Act). 4. Jurisdiction/Proceedings 4.1 Does your national law contain provisions on jurisdiction of courts for direct claims against Insurers? Answer Yes. Claims against an insurer for oil pollution damage should be filed with a Maritime Court in Sweden pursuant to Chapter 10 Section 18, Chapter 21 Sections 5 and 6 of the Maritime Code If so, does your national law 4.1.1 allow foreign claimants to directly sue national insurers in your national courts? 4.1.2 allow foreign and national claimants to directly sue foreign insurers in your national courts? Answer Yes, provided the oil pollution damage occurred within Swedish territory or the Swedish EEZ. 4.2 Does your national law allow that the direct claims against an insurer are subject to an arbitration clause Answer Yes, although it seem to be disputed by some authors. 4.3 Does a judgement against the liable party bind the courts of your country in a direct action against an insurer as regards the merits and quantum? Answer It does not bind the courts trying the direct action but it has evidentiary value in that action.