LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v KINGDOM OF SPAIN (THE “PRESTIGE”)

[2023] Lloyd's Rep. Plus 107

KING’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Butcher

Arbitration – Appeal against award – Whether arbitrator had jurisdiction to disregard judgment of Court of Justice of the European Union – Issue estoppel – Public policy – Equitable compensation – Award of injunction against a state – Damages in lieu of injunction – Arbitration Act 1996, sections 48, 66, 67, 68 and 69 – State Immunity Act 1978, section 13 – Senior Courts Act 1981, section 50 – Brussels Regulation (EC) No 44/2001, articles 1 and 34.