Arbitral Digest

Matter

Maritime co-ownership Jules AQ... v American Bureau of Shipping (ABS)

Seat
United States
Applicable rules
Society of Maritime Arbitrators, Inc. Rules
  1. 27 March 1999United States

    27 March 1999United States

    Decision of the New York District Court dated 27 March 1999

    District Court of New York

    Decision summary
    The New York court declared the arbitration clause in the classification contract opposable to the maritime co-ownership Jules AQ... and its members.

    3 years, 8 months and 7 days later · 1348 days

  2. 4 December 2002France

    4 December 2002France

    Judgment of the Paris Court of Appeal dated 4 December 2002

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal declared the French state courts incompetent to hear the claim because the dispute was subject to the arbitration clause in the classification contract.

    3 years, 6 months and 3 days later · 1281 days

  3. 7 June 2006France

    7 June 2006France

    Decision of the French Court of Cassation, First Civil Chamber dated 7 June 2006

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected the claimants' appeal and held that the arbitration clause was not manifestly inapplicable to the maritime co-ownership and its members. It held that the French state court could not conduct a substantive examination of the clause and had encroached on the arbitral tribunal's jurisdiction; the claimants were ordered to pay costs and EUR 4,000 to American Bureau of Shipping.

    Supporting details

    3 authorities · 3 participants
    Maritime co-ownership Jules AQ...
    Various other claimants
    American Bureau of Shipping (ABS)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    3
    • New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958))
      treaty
    • French Constitution
      constitution
    • French new Code of Civil Procedure
      statute

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Maritime co-ownership Jules AQ... v American Bureau of Shipping (ABS) · Matter