Summary
The parties of the insurance contract had demonstrated, by the terms of the contract, that they had chosen English law, as the applicable law governing the contract. Therefore, the appellant argued that the court of first instance should have interpreted some clauses of the agreement according to English law. The court of second instance disagreed with the defendant and pointed out that the parties had indicated that the matters not covered by the contract shall be governed by the provisions of the Polish Civil Code, Polish transport law and others. The appellate court stated that the fact that the parties had agreed that the Institute Frozen Food Clauses shall be applied to the contract did not mean that the parties had chosen English law for the whole contract. Under Art. 19 of IFFC ‘this insurance is subject to English law and practice’. The court emphasised that, in view of the above Polish law shall govern the insurance. English law and practice shall be applicable only to the Institute Frozen Food Clauses.