Arbitral Digest

Matter

Jules X... vessel co-ownership and insurers v American Board of Shipping (ABS)

19 May 1999France
19 May 1999France
Judgment of the Paris Court of Appeal dated 19 May 1999
Paris Court of Appeal
Decision summary
The Paris Court of Appeal held the Paris Commercial Court competent to hear the dispute because it found the arbitration clause in the classification contract inapplicable to the vessel's co-owners and insurers.
Supporting details
3 participants
Jules X... vessel co-ownership
The vessel's insurers
American Board of Shipping (ABS)
Paris Court of Appeal
Mentioned in judgment
Date not availableFrance
Date not availableFrance
Judgment of the French Court of Cassation
French Court of Cassation
Decision summary
The French Court of Cassation quashed the Paris Court of Appeal judgment in all its provisions and remanded the case to a differently composed Paris Court of Appeal. It held that the appellate court could not decline the arbitrator's priority to rule on the existence, validity, and scope of the arbitration agreement without finding that the agreement was manifestly null.
Supporting details
3 participants
Jules X... vessel co-ownership
The vessel's insurers
American Board of Shipping (ABS)
French Court of Cassation
Direct judgment