Jurisdiction(s):
United Kingdom

English High Court upholds Ukrainian exclusive jurisdiction clauses in aircraft insurance claims; Kyiv courts deemed effective; Russian jurisdiction clauses in related reinsurance disputes not enforced

Published on: 07 June 2024

Published by a Law360 reporter

Legal News

Article summary

At the High Court, Judge Andrew Henshaw determined that six actions brought by lessors and Ukrainian airlines against their insurers belong in the Ukrainian courts, finding no compelling justification to keep them in London. He concluded that the insurance policies’ exclusive jurisdiction provisions must be observed, holding them binding on the claimants, effective and applicable to every cause of action. He further found no sufficient reasons to permit the proceedings to continue in this jurisdiction.

The claimants contended that the leases did not stipulate any governing court or law for the underlying insurance or reinsurance arrangements. The insurers, however, maintained—per the judgment—that the lessors and airlines had the chance to shape the manner in which the aircraft were insured and reinsured, yet did not insist on any forum for disputes.

Judge Henshaw additionally held that the clauses remain enforceable even though they do not nominate a particular Ukrainian court. The judge added that, despite the impact of the war with Russia, the Kyiv City commercial...

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