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 FRENCH STATE (THE “PRESTIGE”) (NOS 3 AND 4)

[2022] Lloyd's Rep. Plus 17

COURT OF APPEAL

Before Lord Justice Males, Lord Justice Popplewell and Lord Justice Phillips

Arbitration – Claims against France and Spain for failure to honour arbitration award and failure to honour enforcement judgment in respect of the award – Whether France and Spain entitled to sovereign immunity – Appointment of an arbitrator – Jurisdiction of the English courts – Whether good arguable case in respect of award claims – Effect of declaratory award – Whether judgment claims governed by insurance jurisdiction rules – Arbitration Act 1996, sections 18 and 66 – State Immunity Act 1978, sections 3 and 9 – Civil Procedure Rules, Practice Direction 6B – Brussels Regulation Recast, European and Council Regulation (EU) No 1215/2012, articles 10 to 14.