KINGDOM OF SPAIN V LONDON STEAM-SHIP OWNERS' MUTUAL INSURANCE ASSOCIATION LTD (THE "PRESTIGE")

[2024] EWCA Civ 1536, Court of Appeal, Sir Geoffrey Vos MR, Lady Justice Andrews and Lady Justice Falk, 12 December 2024

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 and 69 – State Immunity Act 1978, section 13 – Senior Courts Act 1981, section 50 – Brussels Regulation (EC) No 44/2001, articles 1 and 34

The vessel Prestige, insured by the Club against pollution liability subject to English arbitration and a pay to be paid clause, ran aground off Spain and caused serious pollution.