The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & Anor [2015] EWCA Civ 333 (01 April 2015)

The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & Anor [2015] EWCA Civ 333 (01 April 2015)

The claims by Spain and France are, in substance, to enforce contractual obligations under English law, not independent statutory rights. By seeking relief under sections 67 and 72 of the Arbitration Act and contesting the Club's application on the merits, both states took steps in the proceedings otherwise than...

Source-derived case information.

Citation
[2015] EWCA Civ 333
Parties
Claimant/respondent: The London Steamship Owners' Mutual Insurance Association Ltd; Defendant/appellant: The Kingdom of Spain; Defendant/appellant: The French State
Jurisdiction
England and Wales
Judgment Date
01 April 2015
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (commercial Court)
Outcome
Appeal dismissed
Legal Topics
Direct Action Against Insurer, Arbitration Agreement Enforcement, State Immunity Act 1978, Characterisation of Claims, Pay to Be Paid Clause, Jurisdiction of English Courts
Conflict of Laws Arbitration State Immunity Insurance Law Direct Action Against Insurer Arbitration Agreement Enforcement State Immunity Act 1978 Characterisation of Claims +2 more

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Summary, issues, holding and outcome

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Parties

The London Steamship Owners' Mutual Insurance Association Ltd

Claimant/respondent

The Kingdom of Spain

Defendant/appellant

The French State

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (commercial Court)

Legal Issues

  1. 1 Whether Spain and France's claims against the Club are contractual or independent statutory rights under Spanish law
  2. 2 Whether Spain and France are entitled to state immunity under the State Immunity Act 1978
  3. 3 Whether the claims are arbitrable and subject to the Club's arbitration clause and 'pay to be paid' clause

Ratio Decidendi

The claims by Spain and France are, in substance, to enforce contractual obligations under English law, not independent statutory rights. By seeking relief under sections 67 and 72 of the Arbitration Act and contesting the Club's application on the merits, both states took steps in the proceedings otherwise than solely to claim immunity and are deemed to have submitted to the jurisdiction under section 2(3)(b) of the State Immunity Act 1978. The Club's arbitration clause and 'pay to be paid' clause apply, and the awards are enforceable as judgments.

Court Disposition

Appeal dismissed

Orders

  • Applications of Spain and France for declarations that the awards had been made without jurisdiction dismissed
  • Permission granted to the Club to enforce the arbitration awards as judgments