The London Steam Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and Another (The “Prestige”) (No 2) – Court of Appeal (Moore-Bick, Patten and Tomlinson LJJ) [2015] EWCA Civ 333 – 1 April 2015

Arbitration – Award – Enforcement – P&I Club seeking to enforce arbitration awards for negative declaratory relief against Spain and France following loss of oil tanker Prestige – Whether defendants entitled to rely on state immunity

In November 2002 the tanker Prestige sank off the coast of Spain. The resulting damage was very extensive and the costs of cleaning up exceeded the amount of the owners’ liability under the International Convention on Civil Liability for Oil Pollution Damage (CLC), in respect of which the owners were compulsorily insured by the claimant (the Club).