Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- United Kingdom
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/United Kingdom/2013/284
- Translations
-
- No translations
- Add a translation
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 22/10/2013
Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 22/10/2013
London Steam Ship Owners Mutual Insurance Association Ltd v. Spain (The Prestige)
Author(ity)
High Court, Queen’s Bench Division
Date of the decision, of the judgment
22/10/2013
Points of law
1) The prima facie immunity of a state from the jurisdiction of the English courts under section 1(1) State Immunity Act is only lost to the extent that one of the exceptions set out in the Act is satisfied, such as submitting to an agreement in writing under section 9(1).2) When a state claims under an insurance policy containing an arbitration clause, it becomes a person claiming under or through a party to the arbitration agreement and thereby a party to the arbitration agreement. This means that it has submitted to an agreement in writing for the purposes of section 9(1) and consequently is excluded from claiming state immunity.
