Air Berlin Administrator Can't Force Loan Dispute Out Of UK

Law360, London (December 18, 2020, 7:21 PM GMT) -- A London court dismissed an appeal Friday by the insolvency administrator of Air Berlin, concluding that his fight with Etihad Airways over a €350 million ($416 million) loan arrangement should be heard in England.

The Court of Appeal upheld a finding by a lower court that found the terms of a letter of reassurance gave exclusive jurisdiction over the dispute to the courts of England and Wales.

The appellate justices sided with an argument from Etihad that European Union law favors exclusive jurisdiction clauses, even though Air Berlin's insolvency administrator, Lucas Flöther, sued Etihad in Germany first.

"[Air Berlin] freely entered...

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