The Weekly Law Reports
[2022] 1 WLR 3434
Court of Appeal
*London Steam-Ship Owners’ Mutual Insurance Association Ltd
v
Kingdom of Spain
London Steam-Ship Owners’ Mutual Insurance Association Ltd
v
French State
[2021] EWCA Civ 1589
2021 Oct 11–15; Nov 4
Males, Popplewell, Phillips LJJ
International law— State immunity— Statutory exception— Vessel causing pollution to Spanish and French shorelines— States bringing proceedings in Spain directly against insurer of vessel in disregard of London arbitration clause in vessel owner’s insurance contract— Insurer obtaining arbitration awards in London declaring that states bound by arbitration clause— English court giving insurer leave to enforce awards as judgments— Insurer bringing fresh London arbitration and commencing claims before English court seeking damages and equitable compensation for failure to honour awards and judgment giving leave to enforce— Whether states enjoying state immunity in respect of insurer’s claims— Whether claims relating to “commercial transaction” entered into by states— Whether dispute raised by fresh arbitration failling within scope of disputes which Spain agreeing to arbitrate—
State Immunity Act 1978 (c 33), ss 3, 9
—
Arbitration Act 1996 (c 23), ss 18, 66
Conflict of laws— Jurisdiction under European Union Regulation— Arbitration— Vessel causing pollution to Spanish and French shorelines— States bringing proceedings in Spain directly against insurer of vessel in disregard of London arbitration clause in vessel owner’s insurance contract— Insurer obtaining arbitration awards in London declaring that states bound by arbitration clause— English court giving insurer leave to enforce awards as judgments— Insurer bringing fresh London arbitration and commencing claims before English court seeking damages and equitable compensation for failure to honour awards and judgment giving leave to enforce— Whether English court having jurisdiction to determine insurer’s claims and application to appoint arbitrtator—
Arbitration Act 1996 (c 23), ss 18, 66
—
Parliament and Council Regulation (EU) No 1215/2012, arts 1(2)(d), 10, 14
Ships’ names—
Prestige
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