The London Steam-Ship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain (The "Prestige") (No 3) – QBD (Comm Ct) (Henshaw J) [2020] EWHC 1582 (Comm) – 18 June 2020

Arbitration – Jurisdiction – State immunity – Whether Kingdom of Spain immune from arbitration claims on ground of state immunity – Whether court lacked jurisdiction to appoint an arbitrator – State Immunity Act 1978 – Arbitration Act 1996, section 18

In 2002 the vessel Prestige broke in two, discharging oil which caused significant pollution to parts of the shorelines of Spain and France. Criminal proceedings were brought against the master, chief officer and chief engineer of the vessel. Under Spanish law, those found guilty of criminal offences were also liable in respect of loss and damage caused by the event constituting the crime.