The French State v The London Steam-Ship Owners’ Mutual Insurance Association Limited

The French State v The London Steam-Ship Owners’ Mutual Insurance Association Limited

The First Partial Award was an 'award' for purposes of s.69 AA 1996, requiring an extension of time for appeal. Extension of time and permission to appeal are granted for Grounds 1 and 2 (injunction and equitable compensation), but not for Grounds 3 and 4 (effect of recognition of foreign judgments). The arbitrator lacked power to grant an injunction against the French State absent written consent under s.13 State Immunity Act 1978, but had power to award equitable compensation for breach of the obligation to arbitrate.

Parties
Claimant/respondent in the Arbitration: The French State; Defendant/claimant in the Arbitration: The London Steam-Ship Owners' Mutual Insurance Association Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Arbitration Claim / Judgment on Application for Extension of Time and Leave to Appeal Arbitral Awards
Outcome
Extension of time and permission to appeal granted for Grounds 1 and 2; appeal on Ground 2 dismissed; decision on Ground 1 deferred pending Court of Appeal determination in Resolute case; extension and permission refused for Grounds 3 and 4.
Legal Topics
Extension of Time, Leave to Appeal Arbitral Award, Equitable Compensation, Injunction Against State, Recognition of Foreign Judgments
Arbitration International Law State Immunity Extension of Time Leave to Appeal Arbitral Award Equitable Compensation Injunction Against State Recognition of Foreign Judgments

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Parties

The French State

Claimant/respondent in the Arbitration

The London Steam-Ship Owners' Mutual Insurance Association Limited

Defendant/claimant in the Arbitration

Procedural Posture

Arbitration Claim / Judgment on Application for Extension of Time and Leave to Appeal Arbitral Awards

Legal Issues

  1. 1 Whether the French State needs and should be granted an extension of time to seek leave to appeal the First Partial Award
  2. 2 Whether leave to appeal the Awards should be granted
  3. 3 Whether the French State’s appeals against the Awards should succeed

Ratio Decidendi

The First Partial Award was an 'award' for purposes of s.69 AA 1996, requiring an extension of time for appeal. Extension of time and permission to appeal are granted for Grounds 1 and 2 (injunction and equitable compensation), but not for Grounds 3 and 4 (effect of recognition of foreign judgments). The arbitrator lacked power to grant an injunction against the French State absent written consent under s.13 State Immunity Act 1978, but had power to award equitable compensation for breach of the obligation to arbitrate.

Court Disposition

Extension of time and permission to appeal granted for Grounds 1 and 2; appeal on Ground 2 dismissed; decision on Ground 1 deferred pending Court of Appeal determination in Resolute case; extension and permission refused for Grounds 3 and 4.

Orders

  • Extension of time granted for Grounds 1 and 2
  • Permission to appeal granted for Grounds 1 and 2