Youell & Ors v La Reunion Aerienne & Ors [2009] EWCA Civ 175 (11 March 2009)

Youell & Ors v La Reunion Aerienne & Ors [2009] EWCA Civ 175 (11 March 2009)

The mere existence of an arbitration clause in the underlying contract does not exclude the English court's jurisdiction under the Brussels I Regulation where the substantive subject-matter of the claim is not directly concerned with arbitration. The claim for a declaration of non-liability is not excluded by Article 1(2)(d) because the arbitration issue is, at most, incidental.

Citation
[2009] EWCA Civ 175
Parties
Respondents/claimants: Youell and others; Appellants/defendants: La Réunion Aérienne and others
Jurisdiction
England and Wales
Judgment Date
11 March 2009
Procedural Posture
Appeal / Court of Appeal Judgment on Jurisdictional Challenge
Outcome
Appeal dismissed
Legal Topics
Brussels I Regulation, Jurisdictional Exclusion for Arbitration, Negative Declaratory Relief, Insurance Co Insurance Agreements, Recognition and Enforcement of Judgments
Civil Procedure Conflict of Laws Insurance Law Arbitration Brussels I Regulation Jurisdictional Exclusion for Arbitration Negative Declaratory Relief Insurance Co Insurance Agreements +1 more

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Parties

Youell and others

Respondents/claimants

La Réunion Aérienne and others

Appellants/defendants

Procedural Posture

Appeal / Court of Appeal Judgment on Jurisdictional Challenge

Legal Issues

  1. 1 Whether a claim for a declaration of non-liability is excluded from the Brussels I Regulation due to an asserted arbitration clause in the underlying contract
  2. 2 Whether the existence of an arbitration clause removes the English court's jurisdiction under the Regulation

Ratio Decidendi

The mere existence of an arbitration clause in the underlying contract does not exclude the English court's jurisdiction under the Brussels I Regulation where the substantive subject-matter of the claim is not directly concerned with arbitration. The claim for a declaration of non-liability is not excluded by Article 1(2)(d) because the arbitration issue is, at most, incidental.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.