United Kingdom / 22 October 2008 / England and Wales, High Court / Youell and others v. La Reunion Aerienne and others / 2007 Folio 1672
| Country | United Kingdom |
| Court | England and Wales, High Court |
| Date | 22 October 2008 |
| Parties | Youell and others v. La Reunion Aerienne and others |
| Case number | 2007 Folio 1672 |
| Applicable NYC Provisions | II | II(3) |
| Source |
[2008] EWHC 2493 (Comm) | online: BAILII |
| Languages | English |
| Summary | The claimants and the defendants were co-insurers domiciled in England and France, respectively. The French insurers sought contribution from the English insurers with respect to the settlement of an insurance claim. The English insurers initiated court proceedings in England, seeking a declaration of non-liability on the ground that the settlement had been made without their authority. The French insurers objected to the jurisdiction of the English court on the ground, inter alia, that the English insurers were bound by an arbitration clause found in the French policy agreement providing for arbitration in Paris. The High Court held that it had jurisdiction over the dispute. In so ruling, the Court remarked that it was “unfortunate” that there should be concurrent English court proceedings and French arbitral proceedings, with the risk of divergent outcomes. However, the Court observed that there was a remedy for that situation in the NYC, which was given expression domestically in section 9 of the Arbitration Act, 1996 (U.K.), pursuant to which the French insurers could seek a stay of the court proceedings (c.f. Article II(3) NYC). |
| affirmed by : |
Attachment (1)
 Original Language Adobe Acrobat PDF |
