SOVAREX SA v ROMERO ALVAREZ SA

[2011] 2 Lloyd's Rep. 320

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Hamblen

Arbitration — Award — Enforcement — Award creditor seeking to enforce FOSFA arbitration award as a judgment — Award debtor had denied existence of underlying contract and brought proceedings in Spain for declaration of non-liability — Spanish court dismissed proceedings on procedural grounds — Whether award debtor lost right to object to enforcement by participating in arbitration — Whether summary enforcement procedure appropriate to determine disputed issues of fact — Whether English judgment would constitute interference with jurisdiction of Spanish court — Whether English court bound to recognise interim orders of Spanish court dismissing award creditor’s application for stay of Spanish proceedings in favour of arbitration — Whether court should decline jurisdiction on lis alibi pendens or forum non conveniens grounds — Arbitration Act 1996, sections 66 and 73 — Council Regulation (EC) No 44/2001, article 33(1).