Jurisdiction(s):
United Kingdom

England and Wales: brokers’ disclosure to non-Russian lessors of Russian aviation insurance policies unlikely to breach sanctions—AerCap v AIG [2024] EWHC 144 (Comm)

Published on: 07 February 2024

Published by a LexisNexis Insurance & Reinsurance expert

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Aercap Ireland Ltd v Aig Europe SA and other companies [2024] EWHC 144 (Comm)

What are the practical implications of this case?

The judgment offers strong comfort that brokers may share Russian aircraft lessees’ insurance and reinsurance policies and related paperwork to help determine the scope of cover in the Russian aviation disputes without breaching sanctions, even absent a court order. Butcher J identified three principal strands, likely of near-universal relevance in these matters, that underpin voluntary disclosure:

The materials were not being provided to a person connected with Russia;
The disclosure concerned policies/claims that sat outside the sanctions framework;
The disclosure did not enable the use of aviation goods within Russia.

Whether brokers will feel sufficiently assured by this obiter analysis to disclose voluntarily remains uncertain. Strictly, the ruling is persuasive, not determinative; the application before the court involved an order rather than a voluntary handover. Parties may still take a cautious route and await a court order, particularly given the costs protection afforded by CPR 46.1(2)...

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