Arbitral Digest

Matter

Club Méditerranée and Axa v GAN incendie accidents (French Court of Cassation, 9 December 2003)

  1. 3 July 2001France

    3 July 2001France

    Judgment of the Paris Court of Appeal dated 3 July 2001

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal confirmed the decision upholding Club Méditerranée and Axa's subrogated claim against GAN for reimbursement of compensation paid to the injured tourists. It rejected GAN's attempt to rely on its non-participation in the Japanese conciliation proceedings to challenge the judge-homologated settlement records.

    Supporting details

    3 participants
    GAN incendie accidents
    Club Méditerranée
    Axa corporate solutions assurance
    Paris Court of Appeal

    2 years, 5 months and 6 days later · 889 days

  2. 9 December 2003France

    9 December 2003France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 9 December 2003

    French Court of Cassation, First Civil Chamber

    Decision summary
    The French Court of Cassation rejected GAN incendie accidents' appeal in the subrogated reimbursement dispute arising from compensation paid to Japanese tourists injured in a 1991 New Caledonia excursion accident. It held that GAN, having declined to participate in the Japanese conciliation proceedings despite being invited, could not rely on its non-appearance to challenge the French effect of the judge-homologated settlement records; GAN was ordered to pay costs and EUR 2,300 to Axa and Club Méditerranée under article 700.

    Supporting details

    1 authority · 3 participants
    GAN incendie accidents
    Club Méditerranée
    Axa corporate solutions assurance
    French Court of Cassation, First Civil Chamber

    Authorities cited

    1
    • French New Code of Civil Procedure
      statute

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Club Méditerranée and Axa v GAN incendie accidents (French Court of Cassation, 9 December 2003) · Matter