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

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

The Award Claims relate to arbitration and commercial transactions, so Spain and France are not immune under sections 3 and 9 of the State Immunity Act; the English court has jurisdiction over the Award Claims. The Judgment Claims do not relate to arbitration for the purposes of the arbitration exception to the Recast Regulation, but are 'matters relating to insurance' under Section 3, so Spain and France are entitled to jurisdictional protections as 'injured parties', and the English court has no jurisdiction over the Judgment Claims.

Parties
Claimant: The London Steam-Ship Owners’ Mutual Insurance Association Limited; Defendant: The Kingdom of Spain; Defendant: The French State
Jurisdiction
England and Wales
Judgment Date
24 July 2020
Procedural Posture
Commercial Court Proceedings (part 11 Applications) / Ruling on Jurisdiction, State Immunity, and Service
Outcome
States are not immune from the Award Claims; court has jurisdiction over Award Claims; court has no jurisdiction or should decline jurisdiction over Judgment Claims.
Legal Topics
State Immunity, Jurisdiction, Service of Process, Arbitration Awards, Direct Actions Against Insurers, Recognition and Enforcement of Judgments
International Law Commercial Law Arbitration Insurance Law Civil Procedure State Immunity Jurisdiction Service of Process +3 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 8 Authorities cited 19 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The London Steam-Ship Owners’ Mutual Insurance Association Limited

Claimant

The Kingdom of Spain

Defendant

The French State

Defendant

Procedural Posture

Commercial Court Proceedings (part 11 Applications) / Ruling on Jurisdiction, State Immunity, and Service

Legal Issues

  1. 1 Whether service of proceedings on France was valid under EU Service Regulation or State Immunity Act
  2. 2 Whether Spain and France are immune from jurisdiction under the State Immunity Act 1978
  3. 3 Whether the English court has jurisdiction over the Award Claims and Judgment Claims

Ratio Decidendi

The Award Claims relate to arbitration and commercial transactions, so Spain and France are not immune under sections 3 and 9 of the State Immunity Act; the English court has jurisdiction over the Award Claims. The Judgment Claims do not relate to arbitration for the purposes of the arbitration exception to the Recast Regulation, but are 'matters relating to insurance' under Section 3, so Spain and France are entitled to jurisdictional protections as 'injured parties', and the English court has no jurisdiction over the Judgment Claims.

Court Disposition

States are not immune from the Award Claims; court has jurisdiction over Award Claims; court has no jurisdiction or should decline jurisdiction over Judgment Claims.

Orders

  • Leave to serve Award Claims out of jurisdiction confirmed
  • Judgment Claims dismissed for lack of jurisdiction