Svenska Petroleum Exploration AB v Government of the Republic of Lithuania & Anor

Svenska Petroleum Exploration AB v Government of the Republic of Lithuania & Anor

The interim arbitral award on jurisdiction was not final and conclusive under Danish law because the Government of Lithuania retained the right to challenge the award before the Danish courts. Therefore, no issue estoppel arises to prevent the Government from asserting state immunity, and the Claimants' application must be dismissed.

Parties
Claimant: Svenska Petroleum Exploration AB; First Defendant: Government of the Republic of Lithuania; Second Defendant: AB Geonafta
Jurisdiction
England and Wales
Judgment Date
11 January 2005
Procedural Posture
Commercial Arbitration Enforcement / Application to Strike Out or Dismiss State Immunity Defence
Outcome
Application dismissed
Legal Topics
Recognition and Enforcement of Foreign Arbitral Awards, Issue Estoppel, Jurisdictional Challenges, State Immunity Act 1978, Arbitration Act 1996
Arbitration State Immunity Commercial Law Recognition and Enforcement of Foreign Arbitral Awards Issue Estoppel Jurisdictional Challenges State Immunity Act 1978 Arbitration Act 1996

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Svenska Petroleum Exploration AB

Claimant

Government of the Republic of Lithuania

First Defendant

AB Geonafta

Second Defendant

Procedural Posture

Commercial Arbitration Enforcement / Application to Strike Out or Dismiss State Immunity Defence

Legal Issues

  1. 1 Whether the interim arbitral award can be recognised and relied upon to create an issue estoppel preventing the Government of Lithuania from asserting state immunity
  2. 2 Whether the arbitral tribunal's decision on jurisdiction is final and conclusive under Danish law for purposes of issue estoppel in England

Ratio Decidendi

The interim arbitral award on jurisdiction was not final and conclusive under Danish law because the Government of Lithuania retained the right to challenge the award before the Danish courts. Therefore, no issue estoppel arises to prevent the Government from asserting state immunity, and the Claimants' application must be dismissed.

Court Disposition

Application dismissed