The Business Law Reports
[2019] Bus LR 2997
Court of Appeal
Airbus SAS v Generali Italia SpA and others
[2019] EWCA Civ 805
2019 April 16;May 14
Davis, Lewison, Males LJJ
Contract— Construction— Jurisdiction clause— English courts having exclusive jurisdiction to settle disputes between aircraft manufacturer and airline arising out of or in connection with manufacturer’s warranties— Landing gear failing to operate properly causing substantial damage to aircraft— Airline’s Italian insurers bringing negligence claim in Italy in exercise of subrogation rights— Claim founded in tort rather than on warranties— Whether Italian proceedings arguably within scope of exclusive jurisdiction clause— Whether court having jurisdiction to grant declaration against insurers that Italian proceedings in breach of jurisdiction clause