West Tankers Inc v Allianz Spa & Anor

West Tankers Inc v Allianz Spa & Anor

Leave under s. 66 of the Arbitration Act 1996 may be granted to enforce a declaratory arbitral award as a judgment where the party seeking enforcement has a real prospect of establishing the primacy of the award over an inconsistent foreign judgment, thereby securing the material benefit of the award.

Parties
Claimant: West Tankers Inc; Defendant: Allianz SpA; Defendant: Generali Assicurazione Generali SpA
Jurisdiction
England and Wales
Judgment Date
06 April 2011
Procedural Posture
Arbitration Claim / Application to Set Aside Enforcement Order
Outcome
Application dismissed
Legal Topics
Enforcement of Arbitral Awards, Declaratory Judgments, Primacy of Arbitral Awards, Recognition of Foreign Judgments, Public Policy Under EC Regulation 44/2001
Arbitration Commercial Law Conflict of Laws Enforcement of Arbitral Awards Declaratory Judgments Primacy of Arbitral Awards Recognition of Foreign Judgments Public Policy Under EC Regulation 44/2001

Case Brief

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Parties

West Tankers Inc

Claimant

Allianz SpA

Defendant

Generali Assicurazione Generali SpA

Defendant

Procedural Posture

Arbitration Claim / Application to Set Aside Enforcement Order

Legal Issues

  1. 1 Whether leave can be granted under s. 66 of the Arbitration Act 1996 to enforce a declaratory arbitral award as a judgment
  2. 2 Whether a declaratory judgment is capable of enforcement under s. 66
  3. 3 Whether converting an arbitral award into a judgment establishes primacy over inconsistent foreign judgments under EC Regulation 44/2001

Ratio Decidendi

Leave under s. 66 of the Arbitration Act 1996 may be granted to enforce a declaratory arbitral award as a judgment where the party seeking enforcement has a real prospect of establishing the primacy of the award over an inconsistent foreign judgment, thereby securing the material benefit of the award.

Court Disposition

Application dismissed

Orders

  • Simon J had jurisdiction to make the s. 66 order; the order granting leave to enforce the arbitral award as a judgment stands.