Award 1210 – (second degree) – Partnership agreement between an individual producing broker and a marine insurance brokerage company in order to develop a portfolio jointly – Cancellations of policies managed by the broker – Competence of CAMP (yes) – Client misappropriation (yes). Following the transfer of shares of the insurance brokerage company to another company, the policies managed by the broker were cancelled and then replaced by him for his own account. The first degree arbitration found by default the broker for client misappropriation but he requested a second degree examination without pleading on the merits but only on CAMP incompetency and an adjournment awaiting the decision of the Tribunal of Commerce in respect of invalidity of the transfer of shares of the brokerage company. The arbitrators decided their own competence in view of the arbitration clause of the agreement and the fact that the CAMP referral preceded the Tribunal de Commerce one. On the merits, an expert’s report had shown grave client misappropriation detrimental to the partner company. The arbitrators found against the second degree claimant, absent during proceedings, who was sentenced to indemnify the company holding its rights from the original partner for the loss suffered, to pay costs by virtue of Article 700 of the Civil Procedure Code and to bear the full expenses of the arbitration.
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