Arbitral Digest

Matter

Aquasea Yachting LP v Steamship Mutual Underwriting Association Limited (French Court of Cassation, First Civil Chamber, E 18-18.292, 6 November 2019)

  1. 23 November 2017France

    23 November 2017France

    Judgment of the Aix-en-Provence Court of Appeal, Second Chamber dated 23 November 2017

    Aix-en-Provence Court of Appeal, Second Chamber

    Decision summary
    The Aix-en-Provence Court of Appeal held that the state court lacked jurisdiction because the insurance contract's arbitration clause was not manifestly inapplicable, and referred the parties to the proper forum in the dispute concerning Aquasea Yachting's subrogated claim against Steamship Mutual Underwriting Association Limited, Seasecure, and Somecassur.

    Supporting details

    4 participants
    Aquasea Yachting LP
    Steamship Mutual Underwriting Association Limited
    Seasecure
    Somecassur
    Aix-en-Provence Court of Appeal, Second Chamber

    1 year, 11 months and 14 days later · 713 days

  2. 6 November 2019France

    6 November 2019France

    Judgment of the French Court of Cassation, First Civil Chamber in case E 18-18.292 dated 6 November 2019

    French Court of Cassation, First Civil Chamber

    Case no.
    E 18-18.292
    Citation
    No. 926 F-D
    Decision summary
    The Court of Cassation rejected Aquasea Yachting LP's appeal and held that the arbitration clause in the protection and indemnity insurance contract was not manifestly inapplicable. The state court therefore lacked jurisdiction over Aquasea Yachting's subrogated claim against Steamship Mutual Underwriting Association Limited, Seasecure, and Somecassur; Aquasea Yachting LP was ordered to pay the costs and the specified sums under article 700 of the French Code of Civil Procedure.

    Supporting details

    2 authorities · 11 participants
    Aquasea Yachting LP
    Representative
    SCP Foussard et Froger (For: Aquasea Yachting LP)
    Steamship Mutual Underwriting Association Limited
    Representative
    SCP Waquet, Farge et Hazan (For: Steamship Mutual Underwriting Association Limited)
    Seasecure
    Representative
    Me Le Prado (For: Seasecure · Somecassur)
    Somecassur
    Representative
    Me Le Prado (For: Seasecure · Somecassur)
    French Court of Cassation, First Civil Chamber
    Other
    Institutional administrator
    Mme Berthomier

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • French Commercial Code
      statute

Matter record

Report a correction

Aquasea Yachting LP v Steamship Mutual Underwriting Association Limited (French Court of Cassation, First Civil Chamber, E 18-18.292, 6 November 2019) · Matter