The Weekly Law Reports
[2021] 2 WLR 939
Court of Appeal
Etihad Airways PJSC
v
Flöther
[2020] EWCA Civ 1707
2020 Nov 25, 26;
Dec 18
Dec 18
Henderson, Hickinbottom, Newey LJJ
Conflict of laws— Jurisdiction under European Union Regulation— Exclusive jurisdiction— Facility agreement containing asymmetric jurisdiction clause entitling borrower to sue lender in England only but entitling lender to bring proceedings in courts of any competent jurisdiction— Borrower starting proceedings against lender in Germany— Lender subsequently starting mirror proceedings against borrower in England— Whether English court to stay proceedings as court second seised— Whether asymmetric jurisdiction clause capable of conferring “exclusive jurisdiction” on English courts—
Parliament and Council Regulation (EU) No 1215/2012, arts 25, 29, 31(2)