The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & Anor

The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & Anor

The claims by Spain and France against the Club are, in substance, to enforce contractual obligations under English law, not independent statutory rights. By asserting such claims and seeking relief under the Arbitration Act, Spain and France submitted to the jurisdiction of the English courts and lost state immunity. The claims are arbitrable, and the awards may be enforced as judgments.

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
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (commercial Court)
Outcome
Appeal dismissed
Legal Topics
Direct Action Against Insurer, Arbitration Agreements, State Immunity Act 1978, Characterisation of Claims, Enforcement of Arbitral Awards, Pay to Be Paid Clause
Conflict of Laws Arbitration State Immunity Insurance Law Direct Action Against Insurer Arbitration Agreements State Immunity Act 1978 Characterisation of Claims +2 more

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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

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

Legal Issues

  1. 1 Whether claims by Spain and France against the Club are to be characterised as contractual or independent statutory rights
  2. 2 Whether Spain and France are entitled to state immunity under the State Immunity Act 1978
  3. 3 Whether the claims are arbitrable

Ratio Decidendi

The claims by Spain and France against the Club are, in substance, to enforce contractual obligations under English law, not independent statutory rights. By asserting such claims and seeking relief under the Arbitration Act, Spain and France submitted to the jurisdiction of the English courts and lost state immunity. The claims are arbitrable, and the awards may be enforced as judgments.

Court Disposition

Appeal dismissed

Orders

  • The appeal of Spain and France is dismissed.
  • The awards in favour of the Club may be enforced as judgments.