DASSAULT AVIATION SA V MITSUI SUMITOMO INSURANCE CO LTD

[2024] EWCA Civ 5, Court of Appeal, Sir Geoffrey Vos Master of the Rolls, Lord Justice Coulson and Lord Justice Phillips, 12 January 2023

Arbitration – Jurisdiction – Non-assignment clause in sale contract – Whether clause precluded action in arbitration by subrogated insurers suing in their own name – Nature of subrogation – Distinction between voluntary and involuntary assignment – Arbitration Act 1996, section 67

In March 2015, Dassault agreed to sell two aircraft plus spares and services to MBA acting for the Japanese Coast Guard.