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

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

Clause 13.2 of the Warranties Agreement applies to all disputes arising out of or in connection with the agreement, including substantive warranty claims and tortious claims connected with the warranties. Insurers exercising subrogation are bound by the jurisdiction clause and must bring claims in England.

Source-derived case information.

Parties
Claimant: Airbus S.A.S; Defendant: Generali Italia S.p.A.; Defendant: AXA Corporate Solutions Assurance; Defendant: Allianz Global Corporate & Speciality SE Representation for Italy; Defendant: Ariscom-Compagnia di Assicurazione S.p.A.
Jurisdiction
England and Wales
Judgment Date
22 October 2018
Procedural Posture
Commercial Court Application / Jurisdictional Challenge (reserved Judgment)
Outcome
Application dismissed; English court has jurisdiction.
Legal Topics
Jurisdiction Clauses, Subrogation, Warranties, Assignment, Arbitration Vs Litigation, Brussels Recast Regulation
Commercial Law Contract Law Private International Law Jurisdiction Clauses Subrogation Warranties Assignment Arbitration Vs Litigation +1 more

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Parties

Airbus S.A.S

Claimant

Generali Italia S.p.A.

Defendant

AXA Corporate Solutions Assurance

Defendant

Allianz Global Corporate & Speciality SE Representation for Italy

Defendant

Ariscom-Compagnia di Assicurazione S.p.A.

Defendant

Procedural Posture

Commercial Court Application / Jurisdictional Challenge (reserved Judgment)

Legal Issues

  1. 1 Scope of jurisdiction clause in Warranties Agreement
  2. 2 Whether tortious claims by insurers are 'connected with' the Warranties Agreement
  3. 3 Effect of subrogation on jurisdiction clause binding insurers

Ratio Decidendi

Clause 13.2 of the Warranties Agreement applies to all disputes arising out of or in connection with the agreement, including substantive warranty claims and tortious claims connected with the warranties. Insurers exercising subrogation are bound by the jurisdiction clause and must bring claims in England.

Court Disposition

Application dismissed; English court has jurisdiction.

Orders

  • Declaration that Italian proceedings fall within the scope of the exclusive jurisdiction agreement in Clause 13.2 of the Warranties Agreement.
  • Declaration that Airbus has no liability for alleged negligence beyond remedies set out in Clause 12 of Schedule 1 to the Warranties Agreement.