The WLR Daily case summaries
[2023] WLR(D) 32
King’s Bench Division
Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd
[2022] EWHC 3287 (Comm)
2022 Nov 28; Dec 20
Cockerill J
Contract— Construction— Non-assignment clause— Sale contract for manufacture and delivery of aircraft containing non-assignment clause— Buyer entering into insurance policy governed by Japanese law to cover it against consequences of aircraft being delivered late— Insurer accepting claim under policy following late delivery— Insurer under Japanese law automatically assigned assured’s right of recovery against third parties— Whether prohibition of assignments rendering ineffective transfer of rights under contract by operation of law— Whether insurer permitted to enforce arbitration agreement in sale contract