Airbus SAS v. Generali Italia SpA

Where a subrogated insurer pursues a claim abroad in breach of an English exclusive jurisdiction clause binding on its insured, the English court may grant declaratory relief recognising that the foreign proceedings are a breach of an equitable obligation enforceable by the counterparty, even though an anti-suit injunction restraining proceedings in another EU Member State is precluded by EU law; and competing arbitration and jurisdiction clauses are construed against the fragmentation of related disputes.