Arbitral Digest

Matter

Belmarine, AGF Mat, Generali France Assurances SA, Axa Corporate Solutions Assurances SA, and Le Continent v Trident Marine Agency Inc., Ebony Maritime SA, and Master of M/V Pella (French Court of Cassation, 21 February 2006)

  1. 4 December 2003France

    4 December 2003France

    Judgment of the Rouen Court of Appeal dated 4 December 2003

    Rouen Court of Appeal

    Decision summary
    The Rouen Court of Appeal rejected the insurers' challenge to the Rouen Commercial Court's decision declining jurisdiction in favor of the Paris Maritime Arbitration Chamber.

    Supporting details

    7 participants
    Belmarine
    AGF Mat
    Generali France Assurances SA
    Axa Corporate Solutions Assurances SA
    Le Continent
    Trident Marine Agency Inc.
    Ebony Maritime SA
    Rouen Court of Appeal

    2 years, 2 months and 17 days later · 810 days

  2. 21 February 2006France

    21 February 2006France

    Judgment of the French Court of Cassation, Commercial, Financial and Economic Chamber dated 21 February 2006

    French Court of Cassation, Commercial, Financial and Economic Chamber

    Decision summary
    The Court of Cassation rejected the insurers' appeal and upheld the refusal of state-court jurisdiction. Because the arbitration clause was not manifestly null or inapplicable, the arbitral tribunal had priority to decide its own jurisdiction. The insurers were ordered to pay costs, and the defendants' claim under Article 700 of the French New Code of Civil Procedure was rejected.

    Supporting details

    3 authorities · 7 participants
    Belmarine
    AGF Mat
    Generali France Assurances SA
    Axa Corporate Solutions Assurances SA
    Le Continent
    Trident Marine Agency Inc.
    Ebony Maritime SA
    French Court of Cassation, Commercial, Financial and Economic Chamber

    Authorities cited

    3
    • French New Code of Civil Procedure (Articles 1458, 1452(2), and 700)
      statute
    • French Civil Code (Article 1134)
      statute
    • European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 6)
      treaty
  3. Date not availableFrance

    Date not availableFrance

    Order of the Rouen Commercial Court declining jurisdiction in favor of the Paris Maritime Arbitration Chamber

    Rouen Commercial Court

    Decision summary
    The Rouen Commercial Court declined jurisdiction after the defendants invoked the arbitration clause in the charter-party, as referenced in the bill of lading, and referred the dispute to the Paris Maritime Arbitration Chamber.

    Supporting details

    7 participants
    Belmarine
    AGF Mat
    Generali France Assurances SA
    Axa Corporate Solutions Assurances SA
    Le Continent
    Trident Marine Agency Inc.
    Ebony Maritime SA
    Rouen Commercial Court

Matter record

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Belmarine, AGF Mat, Generali France Assurances SA, Axa Corporate Solutions Assurances SA, and Le Continent v Trident Marine Agency Inc., Ebony Maritime SA, and Master of M/V Pella (French Court of Cassation, 21 February 2006) · Matter