The WLR Daily case summaries
[2019] WLR(D) 675
Queen’s Bench Division
Etihad Airways PJSC v Flöther
[2019] EWHC 3107 (Comm)
2019 Oct 22, 23; Nov 18
Jacobs J
Contract— Construction— Jurisdiction clause— Parties agreeing 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— Borrower applying for stay of English proceedings— Whether jurisdiction clause extending to dispute arising in connection with separate document to that containing jurisdiction clause— Whether dispute arising in connection with “particular legal relationship” between parties— Whether dispute arising within scope of jurisdiction clause—
Parliament and Council Regulation (EU) No 1215/2012, art 25
Conflict of laws— Jurisdiction under European Union Regulation— Exclusive jurisdiction— Parties subject to 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 proceedings against borrower in England— Borrower applying for stay of English proceedings— Whether asymmetric jurisdiction clause conferring “exclusive jurisdiction” on English courts— Whether rule requiring court second seised to stay proceedings disapplied— Whether stay to be granted—
Parliament and Council Regulation (EU) No 1215/2012, arts 29, 31(2)