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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Youell & Ors v La Reunion Aerienne & Ors  EWCA Civ 175 (11 March 2009)
Cite as:  1 Lloyd's Rep 586,  EWCA Civ 175,  CP Rep 28,  Bus LR 1504,  1 CLC 336
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION, COMMERCIAL COURT
MR JUSTICE TOMLINSON
CASE NO. 2007 FOLIO 1672
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE JACOB
LORD JUSTICE LAWRENCE COLLINS
| YOUELL and others
|- and -
LA REUNION AERIENNE and others
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400, Fax No: 020 7404 1424
Official Shorthand Writers to the Court)
Mr John Kimbell (instructed by Clyde & Co) for the Respondents
Hearing date: March 5, 2009
Crown Copyright ©
Lord Justice Lawrence Collins:
"8.13 DISPUTES – ARBITRATION CLAUSE:
In the event of disagreement or dispute concerning the interpretation of the present contract or its effects or consequences, each of the parties shall appoint an arbitrator in Paris.
In the event of disagreement between the appointed arbitrators, this shall be settled by a third arbitrator appointed by the other two, or in the absence of agreement, by the President of the Court of Paris by an interim ruling.
Should either party fail to appoint an arbitrator, he will be appointed using the same procedure.
The arbitrators will decide as conciliators, exempted from formalities and procedural delays and as the last resort, the parties waiving the right to appeal against their decision, by any means whatsoever, even extraordinary."
The present insurance is issued by companies specified elsewhere.
The cover provided by each Insurer is limited, exclusively within the settlement of claims, to a fixed share, without joint and several liability between them.
By joint agreement between the parties, it is agreed that, in respect of operations resulting from the present contract (declarations, claims, transmission of documents, payment of premiums and losses, etc.) the Insured shall contact the Leading Insurer acting for and on behalf of the Insurers.
For their part, the Co-Insurers delegate to the Leading Insurer the fullest powers to accept all declarations, claims or notifications, to acknowledge them, issue valid receipts, and settle and transact all claims, within the limits of the powers conferred upon them by the present policy, but without the Leading Insurer having any power to incur any liability on them as a result of its powers."
The US actions and the claims under the policies
II French arbitration and English proceedings
III The appeal