Airbus SAS v Generali Italia SpA

Subject Matter

CONTRACT — Construction — Jurisdiction clause

[2018] EWHC 2737 (Comm), QBD

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

[2019] EWCA Civ 805; [2019] Bus LR 2997; [2019] 4 All ER 745; [2020] 1 All ER (Comm) 191; [2019] 2 Lloyd's Rep 59; [2019] WLR (D) 275, CA

Appellate History