Airbus SAS v Generali Italia SPA and others

Contract – Construction. The judge's construction of the English exclusive jurisdiction clause in a warranties agreement between the claimant aircraft manufacturer and the insured aircraft operator would be upheld and a final declaration would be granted that the English court had jurisdiction. Accordingly, the Court of Appeal, Civil Division, dismissed the defendant insurers' appeal against the decision that proceedings commenced in Italy fell within the scope of the English exclusive jurisdiction clause. The judge's grant of a final declaration in the Italian Proceedings would however be set aside.

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