Youell & Ors v La Reunion Aerienne & Ors

Youell & Ors v La Reunion Aerienne & Ors

The English court has jurisdiction under Article 5.1(a) of Council Regulation (EC) No. 44/2001 because the dispute is between professional insurers (not within Section 3's special insurance jurisdiction), the place of performance is England, and the arbitration exclusion does not apply as the subject matter is not arbitration itself.

Parties
Claimant/respondents: Youell & Others; Defendants/applicants: La Reunion Aerienne & Others
Jurisdiction
England and Wales
Judgment Date
22 October 2008
Procedural Posture
Commercial Court Application (jurisdictional Challenge) / Ruling on Application to Set Aside Claim Form And/or Service for Lack of Jurisdiction
Outcome
Application dismissed; English court has jurisdiction.
Legal Topics
Jurisdiction Under Council Regulation (ec) No. 44/2001, Negative Declaratory Relief, Arbitration Exclusion Under Brussels Regulation, Co Insurance Disputes, Assignment of Rights, Concurrent Proceedings (arbitration and Court)
Private International Law Insurance Law Civil Procedure Jurisdiction Under Council Regulation (ec) No. 44/2001 Negative Declaratory Relief Arbitration Exclusion Under Brussels Regulation Co Insurance Disputes Assignment of Rights +1 more

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Parties

Youell & Others

Claimant/respondents

La Reunion Aerienne & Others

Defendants/applicants

Procedural Posture

Commercial Court Application (jurisdictional Challenge) / Ruling on Application to Set Aside Claim Form And/or Service for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction under Council Regulation (EC) No. 44/2001 to hear a claim for negative declaratory relief between co-insurers where the underlying contract is governed by French law and contains an arbitration clause
  2. 2 Whether Section 3 of the Regulation (insurance jurisdiction) applies to disputes between professional insurers
  3. 3 Whether the arbitration exclusion in Article 1.2(d) of the Regulation ousts jurisdiction where the contract contains an arbitration clause

Ratio Decidendi

The English court has jurisdiction under Article 5.1(a) of Council Regulation (EC) No. 44/2001 because the dispute is between professional insurers (not within Section 3's special insurance jurisdiction), the place of performance is England, and the arbitration exclusion does not apply as the subject matter is not arbitration itself.

Court Disposition

Application dismissed; English court has jurisdiction.

Orders

  • The application to set aside the Claim Form and/or service is dismissed.
  • The court has jurisdiction to entertain the claim for negative declaratory relief.