In a post for our HSF Insurance Notes blog, the Insurance & Professional Risks team consider the recent Court of Appeal decision in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 concerning a challenge to an ICC award under s67 Arbitration Act 1996 on the basis that the tribunal lacked jurisdiction.
As discussed further in the post, the Court of Appeal overturned the first instance decision, finding that a contractual prohibition on assignment in an English-law governed sale contract did not prevent the transfer of subrogation rights to an insurer where that transfer arose by operation of Japanese law. Accordingly, the arbitral tribunal had jurisdiction over a subrogated claim brought by the insurer under the sale contract.
The full post can be found here.
For more information, please contact Paul Lewis, Partner, Katie Collins, Associate, or your usual Herbert Smith Freehills contact.
