Airbus S.A.S. v Generali Italia S.P.A. & Ors

Airbus S.A.S. v Generali Italia S.P.A. & Ors

The exclusive jurisdiction clause in the Warranties Agreement applies to all disputes arising out of or in connection with the agreement, including substantive warranty claims. Subrogated insurers are bound by the clause to the same extent as the insured. The English court has jurisdiction to determine Airbus’s claims, and there is a good arguable case that the Italian proceedings are contrary to the jurisdiction clause.

Parties
Respondent (claimant): Airbus S. A. S.; Appellant (defendant): Generali Italia S.p. A.; Appellant (defendant): AXA Corporate Solutions Assurance; Appellant (defendant): Allianz Global Corporate & Speciality SE Representation for Italy
Jurisdiction
England and Wales
Judgment Date
14 May 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed in part; judge’s construction of jurisdiction clause upheld; final declaration granted on jurisdiction clause; final declarations on breach of clause by Italian proceedings set aside.
Legal Topics
Jurisdiction Clauses, Subrogation, Arbitration Vs Litigation, Equitable Obligations, Exclusive Jurisdiction, Declaratory Relief
Contract Law International Commercial Law Civil Procedure Jurisdiction Clauses Subrogation Arbitration Vs Litigation Equitable Obligations Exclusive Jurisdiction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Airbus S. A. S.

Respondent (claimant)

Generali Italia S.p. A.

Appellant (defendant)

AXA Corporate Solutions Assurance

Appellant (defendant)

Allianz Global Corporate & Speciality SE Representation for Italy

Appellant (defendant)

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does the English court have jurisdiction under the exclusive jurisdiction clause in the Warranties Agreement?
  2. 2 Does the jurisdiction clause extend to substantive warranty claims?
  3. 3 Are the Italian proceedings contrary to the jurisdiction clause?

Ratio Decidendi

The exclusive jurisdiction clause in the Warranties Agreement applies to all disputes arising out of or in connection with the agreement, including substantive warranty claims. Subrogated insurers are bound by the clause to the same extent as the insured. The English court has jurisdiction to determine Airbus’s claims, and there is a good arguable case that the Italian proceedings are contrary to the jurisdiction clause.

Court Disposition

Appeal dismissed in part; judge’s construction of jurisdiction clause upheld; final declaration granted on jurisdiction clause; final declarations on breach of clause by Italian proceedings set aside.

Orders

  • Final declaration that clause 13.2 of the Warranties Agreement applies to all disputes arising out of or in connection with the agreement, including substantive warranty claims.
  • Judge’s grant of final declarations that Italian proceedings fall within the scope of the jurisdiction clause and their commencement was a breach of that clause set aside.