Youell and Ors v La Réunion Aérienne and Ors – Court of Appeal (Rix, Jacob and Lawrence Collins LJJ) – 11 March 2009
Conflict of laws – Jurisdiction – Council Regulation (EC) 44/2001 – Claimant bringing claim in England against company domiciled in France for declaration of non-liability under a contract the existence of which the defendant asserted but the claimant denied – English jurisdiction asserted on basis that England was place of performance of putative contract – Whether claim falling within “arbitration” exclusion because putative contract contained French arbitration clause
The claimants were London market insurers (“the London market”), and the defendants were French market insurers (“the French market”). Both sets of insurers insured a French company, Turbomeca, which made helicopter parts. 75% of the cover was provided by the French market, 25% by the London market.
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Michael Daiches, Barrister
Mar 18 2009
