The Weekly Law Reports
[2020] 2 WLR 333
Queen’s Bench Division
Etihad Airways PJSC
v
Flöther
[2019] EWHC 3107 (Comm)
2019 Oct 22, 23; Nov 18
Jacobs J
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— Lender also providing borrower with comfort letter containing no jurisdiction provision— Borrower starting proceedings against lender in Germany under comfort letter— Lender subsequently starting mirror proceedings against borrower in England— Whether English court to stay proceedings as court second seised— Whether jurisdiction clause applying to dispute arising in connection with comfort letter— Whether such dispute arising in connection with “particular legal relationship” between parties— Whether asymmetric jurisdiction clause capable of conferring “exclusive jurisdiction” on English courts—
Parliament and Council Regulation (EU) No 1215/2012, arts 25, 31(2)