The London Steam-Ship Owners’ Mutual Insurance Association Ltd v. Kingdom of Spain (M/T “Prestige”)

Abstract

State immunity — Jurisdiction — State Immunity Act 1978 — Arbitration — Spain seeking to set aside order granting English claimant company permission to serve application claim form — Appointment of arbitrator — Whether Spain entitled to State immunity — Whether Spain lacking immunity under Sections 2, 3 or 9 of Act — Whether Spain having submitted to jurisdiction of the Court — Whether arbitration proceedings relating to a commercial transaction entered into by Spain — Whether proceedings relating to a contractual obligation falling to be performed in United Kingdom — Whether Spain having agreed in writing to submit dispute to arbitration

Arbitration — Arbitration Act 1996 — English claimant company seeking to appoint arbitrator in proceedings against Spain — Whether Spain entitled to State immunity under State Immunity Act 1978 — Whether court having jurisdiction to appoint an arbitrator — The law of England