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Published on: 09 January 2025

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Arbitration under the AA 1996 Act

Irreconcilable arbitral awards and judgments—injunctions, State immunity, res judicata and equitable compensation

The English Court of Appeal (‘the court’), in The Kingdom of Spain v The London Steam-Ship Owners Mutual Insurance Association Ltd [2024] EWCA Civ 1536, upheld the judge’s refusal to recognise a Spanish judgment against The London Steam-Ship Owners Mutual Insurance Association Ltd (‘the Club’) under the Brussels I Regulation. This was because an arbitrator had already ruled that claims against the Club had to be brought in arbitration and that the Club had no liability to the claimants. The court also confirmed that, absent a State’s consent, the State Immunity Act 1978 bars arbitrators from issuing injunctions against States, and that the Club could not obtain equitable compensation for breach of the equitable obligation to arbitrate...

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