NATIONAL NAVIGATION CO v ENDESA GENERACION SA (THE "WADI SUDR")

[2010] 1 Lloyd's Rep. 193

COURT OF APPEAL

Before Lord Justice Waller, Lord Justice Carnwath and Lord Justice Moore-Bick

Conflict of laws - Issue estoppel - Disputes arising under bill of lading between Egyptian shipowners and Spanish cargo owners - Cargo owners obtaining judgment in Spanish courts that arbitration clause not incorporated into bill of lading - Shipowners bringing court proceedings against cargo owners in England for declaration that arbitration clause validly incorporated - Whether English court bound to recognise Spanish judgment - Council Regulation (EC) No 44/2001, articles 31, 33 and 34 - Civil Jurisdiction and Judgments Act 1982, section 32.