Argos Pereira Espana SL & Anor v Athenian Marine Ltd

Equitable compensation is recoverable for breach of a Derived Rights Obligation, including an extended DRO, irrespective of and additional to remedies of injunction or declaration. The principle of transferred loss applies where the arbitration agreement's known object includes benefit to a closely related company, and the loss suffered by Lavinia is recoverable by the Defendant.

Parties: Claimant: Argos Pereira España S. L.; Claimant: Generali España S. A.; Defendant: Athenian Marine Ltd
Jurisdiction: England and Wales
Judgment Date: 10 March 2021
Procedural Posture: Arbitration Claim / Appeal From Arbitral Award
Outcome: appeal dismissed
Legal Topics: Equitable Compensation, Arbitration Clauses, Transferred Loss, Exclusive Jurisdiction Clauses

Arbitration Equity Commercial Law Equitable Compensation Arbitration Clauses Transferred Loss Exclusive Jurisdiction Clauses

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 24 Party arguments 2 Amounts and remedies 4

Parties

Argos Pereira España S. L.

Claimant

Generali España S. A.

Claimant

Athenian Marine Ltd

Defendant

Procedural Posture

Arbitration Claim / Appeal From Arbitral Award

Legal Issues

1 Whether equitable compensation is recoverable for breach of a Derived Rights Obligation (DRO)
2 Whether the principle of transferred loss applies to allow recovery of damages for loss suffered by a third party (Lavinia)

Ratio Decidendi

Court Disposition

appeal dismissed