Members of our legal team have acted for and represented ceding insurers, reinsurers, retrocessionaires, brokers and other intermediaries and can provide coverage and claims advice and representation in relation to all reinsurance agreements and arrangements, including quota share, excess of loss, treaty and
facultative agreements.
Not exact matches
The discussion on
facultative mixity revolves around a seemingly simple question: to what extent does the nature of the EU's competence (exclusive or shared) over an international
agreement (or part of it) determine whether the
agreement is supposed to be concluded by the EU alone or together with the Member States as a «mixed»
agreement?
First, did the CJEU intend with its reasoning to effectively abolish «
facultative mixity» and «
facultative EU - only»
agreements?
As a corollary to
facultative mixity, international
agreements falling in part or in toto within the ambit of shared competences may also be concluded exclusively by the Union, thus giving room to the notion of «
facultative EU - only»
agreements.
The notion of
facultative mixity recognizes the ability of the Union's legislator to exercise discretion over whether to conclude an international
agreement as an EU - only or a mixed
agreement when parts of it fall under shared competences.
Facultative mixity, on the other hand, arises when the
agreement falls within shared competence of the EU and the Member States.
If the Court did reject the theory of
facultative mixity — and it by all means it has the looks of it — this would have significant consequences for the EU's ability to conclude international
agreements in areas of shared competence.
Commentators usually distinguish this type of mixity (
facultative mixity) from compulsory mixity, which applies when the
agreement in question covers both matters falling within the exclusive competence of the European Union and matters falling within the exclusive competence of the Member States.
Drafting
facultative, treaty, excess of loss and catastrophe reinsurance
agreements for property - casualty risks, as well as drafting related reinsurance trust
agreements