Matter
AXA Corporate Solutions Assurance and Other Insurers v Master of the Cay, Ofeltis Shipping Company Ltd, and UK P&I Club Steamship Bermuda Ltd
- 23 January 2002France
23 January 2002France
Judgment of the Paris Court of Appeal dated 23 January 2002
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal rejected the insurers' challenge to the Paris Commercial Court's declination of jurisdiction in favor of London arbitration. The arbitration clause was treated as opposable to the insurers because they were subrogated to Ascot's rights under the bills of lading.
Supporting details
2 participantsAXA Corporate Solutions Assurance
Ofeltis Shipping Company Ltd and other defendants
Paris Court of Appeal
1 year, 11 months and 22 days later · 721 days
- 14 January 2004France
14 January 2004France
Judgment of the French Court of Cassation, Commercial, Financial and Economic Chamber dated 14 January 2004
French Court of Cassation, Commercial, Financial and Economic Chamber
- Decision summary
- The Court of Cassation rejected the insurers' appeal in the cargo-damage dispute. It held that the London arbitration clause in the charter-party was opposable to the insurers because the relevant rights passed through the bills of lading and the insurers were subrogated to Ascot's rights. The insurers were ordered to pay the costs and EUR 1,800 under article 700 of the French New Code of Civil Procedure.
Supporting details
3 authorities · 5 participantsAXA Corporate Solutions Assurance
Seven other insurers
Captain of the Cay
Ofeltis Shipping Company Ltd
UK P&I Club Steamship Bermuda Ltd
French Court of Cassation, Commercial, Financial and Economic Chamber
- Date not availableFrance
Date not availableFrance
Jurisdiction order of the Paris Commercial Court
Paris Commercial Court
- Decision summary
- The Paris Commercial Court declined jurisdiction over the insurers' cargo-damage claims in favor of London arbitration under the arbitration clause in the charter-party.
Supporting details
2 participantsAXA Corporate Solutions Assurance
Ofeltis Shipping Company Ltd and other defendants
Paris Commercial Court