UK P&I Club NV & Anor v Republica Bolivariana De Venezuela [2023] EWCA Civ 1497 (20 December 2023)

UK P&I Club NV & Anor v Republica Bolivariana De Venezuela [2023] EWCA Civ 1497 (20 December 2023)

Section 13(2)(a) of the State Immunity Act 1978, which prohibits granting injunctions against states, is compatible with Article 6(1) ECHR because there is no established rule of customary international law requiring states to be subject to such injunctions, and the UK’s approach is within the range of internationally accepted standards. Anti-suit injunctions are part of the enforcement jurisdiction, and the restriction is a proportionate interference with Article 6 rights justified by legitimate domestic policy. Section 13(2)(a) should not be read down under section 3 HRA to permit anti-suit injunctions in commercial matters.

Citation
[2023] EWCA Civ 1497
Parties
Claimant/appellant: UK P&I CLUB N. V.; Claimant/appellant: United Kingdom Mutual Steam Ship Assurance Association Limited; Defendant/respondent: República Bolivariana de Venezuela
Jurisdiction
England and Wales
Judgment Date
20 December 2023
Procedural Posture
Appeal From High Court (commercial Court, Kbd) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
State Immunity, Anti Suit Injunctions, Arbitration, Article 6 ECHR, Enforcement Jurisdiction, Proportionality, Human Rights Act 1998
Public International Law Commercial Law Human Rights Law State Immunity Anti Suit Injunctions Arbitration Article 6 ECHR Enforcement Jurisdiction +2 more

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 4 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

UK P&I CLUB N. V.

Claimant/appellant

United Kingdom Mutual Steam Ship Assurance Association Limited

Claimant/appellant

República Bolivariana de Venezuela

Defendant/respondent

Procedural Posture

Appeal From High Court (commercial Court, Kbd) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 13(2)(a) of the State Immunity Act 1978, which prohibits injunctions against states, is compatible with Article 6(1) ECHR (right to a fair trial)
  2. 2 Whether anti-suit injunctions are part of the court's enforcement or adjudicative jurisdiction for the purposes of state immunity
  3. 3 Whether the restriction on anti-suit injunctions is a proportionate interference with Article 6 rights justified by legitimate domestic policy

Ratio Decidendi

Section 13(2)(a) of the State Immunity Act 1978, which prohibits granting injunctions against states, is compatible with Article 6(1) ECHR because there is no established rule of customary international law requiring states to be subject to such injunctions, and the UK’s approach is within the range of internationally accepted standards. Anti-suit injunctions are part of the enforcement jurisdiction, and the restriction is a proportionate interference with Article 6 rights justified by legitimate domestic policy. Section 13(2)(a) should not be read down under section 3 HRA to permit anti-suit injunctions in commercial matters.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the High Court's refusal to grant a permanent anti-suit injunction against Venezuela is upheld.