The London Steam-Ship Owners' Mutual Insurance v The Kingdom of Spain

The London Steam-Ship Owners' Mutual Insurance v The Kingdom of Spain

The court held that the questions raised by Spain regarding the interpretation of Articles 34(1) and 34(3) of the Brussels I Regulation are critical to the issues before the court, are not acte clair, and require a reference to the CJEU. The jurisdictional threshold for a reference is met, and the importance, complexity, and lack of complete confidence in the answers to the EU law questions justify making a reference. The imminent end of the Brexit Transition Period is a further factor supporting a reference.

Parties
Appellant / Respondent to Part 23 Application: The London Steam-Ship Owners' Mutual Insurance; Respondent / Applicant in Part 23 Application: The Kingdom of Spain
Jurisdiction
England and Wales
Judgment Date
18 December 2020
Procedural Posture
Commercial Appeal and Enforcement Proceedings / Judgment on Application for Reference to CJEU Under Article 267 TEU
Outcome
Reference to the CJEU ordered under Article 267 TEU.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Article 267 TEU Preliminary Reference, Brussels I Regulation (ec) 44/2001, Res Judicata, Public Policy Exception, Arbitration Exception
Private International Law European Union Law Arbitration Civil Procedure Recognition and Enforcement of Foreign Judgments Article 267 TEU Preliminary Reference Brussels I Regulation (ec) 44/2001 Res Judicata +2 more

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Parties

The London Steam-Ship Owners' Mutual Insurance

Appellant / Respondent to Part 23 Application

The Kingdom of Spain

Respondent / Applicant in Part 23 Application

Procedural Posture

Commercial Appeal and Enforcement Proceedings / Judgment on Application for Reference to CJEU Under Article 267 TEU

Legal Issues

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

Ratio Decidendi

The court held that the questions raised by Spain regarding the interpretation of Articles 34(1) and 34(3) of the Brussels I Regulation are critical to the issues before the court, are not acte clair, and require a reference to the CJEU. The jurisdictional threshold for a reference is met, and the importance, complexity, and lack of complete confidence in the answers to the EU law questions justify making a reference. The imminent end of the Brexit Transition Period is a further factor supporting a reference.

Court Disposition

Reference to the CJEU ordered under Article 267 TEU.

Orders

  • The parties are to collaborate on the formulation of the reference questions to the CJEU, with the court to resolve any differences.