Jurisdiction: competing arbitration and jurisdiction clauses

In Airbus SAS v Generali Italia SpA and Others [2019] EWCA Civ 805 the Court of Appeal had to determine whether the arrangements between the parties were governed by an arbitration clause in a Purchase Agreement or by an exclusive jurisdiction clause in a Warranties Agreement in which various terms of the Purchase Agreement were reproduced.

The basic points addressed by the Court of Appeal include: the presumption against fragmentation of disputes; the limited scope for the incorporation of an arbitration clause in the absence of express wording; and the ability of the courts to grant declaratory relief in respect of judicial proceedings brought elsewhere in the EU in breach of an English exclusive jurisdiction clause even though anti-suit injunctive relief is no longer available under EU law in such cases.