Jennifer Haywood writes for Lexis Nexis: ‘Irreconcilable arbitral awards and judgments—injunctions, State immunity, res judicata and equitable compensation’
In her latest analysis for LexisNexis, Jennifer Haywood writes, 'Irreconcilable arbitral awards and judgments – injunctions, state immunity, res judicata and equitable compensation: The Kingdom of Spain v The London Steam-Ship Owners Mutual Insurance Association Ltd [2024] EWCA Civ 1536.'
Reflecting on her latest piece, Jennifer argues that "there is something for everyone in The Kingdom of Spain v The London Steam-Ship Owner" and notes "the extent of arbitrator powers, state immunity, res judicata, equitable compensation and the beauty of equity, human rights" as examples of the case's far-reaching practical implications.
The English Court of Appeal (‘the court’) decided that the judge had been correct to refuse recognition of a Spanish judgment against The London Steam-Ship Owners Mutual Insurance Association Ltd (‘the Club’) under the Brussels I Regulation, where an arbitrator had previously determined that the claimants were obliged to arbitrate any claims against the Club and that the Club was not liable to the claimants. The court further held that the State Immunity Act 1978 prevents arbitrators from granting injunctions against States (absent state consent) and that equitable compensation for breach of the equitable obligation to arbitrate was not available to the club.
Click here and register for one week of free access to read Jennifer’s article.