The London Steam-Ship Owners' Mutual Insurance v The Kingdom of Spain [2020] EWHC 3540 (Comm) (18 December 2020)

The London Steam-Ship Owners' Mutual Insurance v The Kingdom of Spain [2020] EWHC 3540 (Comm) (18 December 2020)

The court held that the three identified questions regarding the interpretation of Article 34(3) and Article 34(1) of the Brussels I Regulation are critical to the judgment, are not acte clair, and cannot be resolved with complete confidence. Therefore, a reference to the CJEU is appropriate and necessary under Article 267 TFEU. The imminent end of the Brexit transition period is not a determinative factor but supports making the reference now.

Citation
[2020] EWHC 3540 (Comm)
Parties
Claimant / Appellant / Respondent to Part 23 Application: The London Steam-Ship Owners' Mutual Insurance; Defendant / Respondent / Applicant in Part 23 Application: The Kingdom of Spain
Jurisdiction
England and Wales
Judgment Date
18 December 2020
Procedural Posture
Commercial Court Appeal and Part 23 Application / Judgment on Application for Preliminary Reference to CJEU
Outcome
Reference to the CJEU ordered
Legal Topics
Recognition and Enforcement of Foreign Judgments, Article 267 TFEU Preliminary Reference, Brussels I Regulation (ec) 44/2001, Arbitration Exception, Res Judicata, Public Policy Exception, Human Rights in Enforcement Proceedings
Private International Law European Union Law Arbitration Insurance Law Recognition and Enforcement of Foreign Judgments Article 267 TFEU Preliminary Reference Brussels I Regulation (ec) 44/2001 Arbitration Exception +3 more

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Parties

The London Steam-Ship Owners' Mutual Insurance

Claimant / Appellant / Respondent to Part 23 Application

The Kingdom of Spain

Defendant / Respondent / Applicant in Part 23 Application

Procedural Posture

Commercial Court Appeal and Part 23 Application / Judgment on Application for Preliminary Reference to CJEU

Legal Issues

  1. 1 Whether the court should make a reference to the CJEU under Article 267 TFEU regarding interpretation of the Brussels I Regulation (EC) 44/2001
  2. 2 Whether a judgment entered in the terms of an arbitration award is a relevant 'home' judgment for Article 34(3) purposes
  3. 3 Whether the arbitration exception in the Regulation excludes such judgments from Article 34(3)

Ratio Decidendi

The court held that the three identified questions regarding the interpretation of Article 34(3) and Article 34(1) of the Brussels I Regulation are critical to the judgment, are not acte clair, and cannot be resolved with complete confidence. Therefore, a reference to the CJEU is appropriate and necessary under Article 267 TFEU. The imminent end of the Brexit transition period is not a determinative factor but supports making the reference now.

Court Disposition

Reference to the CJEU ordered

Orders

  • The parties are to collaborate on the formulation of the reference questions to the CJEU in compliance with CPR Part 68 and 68 PD.
  • If differences arise, the court will resolve them.