“… section 9 of the State Immunity Act 1978: The Prestige (No. 2)[2013] EWHC 3188 (Comm), [2014] 1 Lloyd’s Rep 309. The Court of Appeal dismissed Spain’s appeal: [2015] EWCA Civ 333, [2015] 2 Lloyd’s Rep 33, holding that Spain had also waived state immunity by making its applications under sections 67 and 72 of the 1996 Act. A parallel arb…”
“… Mr Schaff had no jurisdiction to make them, but that challenge was unsuccessful (see The Prestige (No. 2)[2013] EWHC 3188 (Comm), [2014] 1 Lloyd’s Rep 309 and [2015] EWCA Civ 333, [2015] 2 Lloyd’s Rep 33). At the same time, the Club obtained permission to enforce the Awards pursuant to section 66(1) of the same Act and entered judgment …”
“…n which the Club relies for its new Arbitration Claims is the original obligation to arbitrate contained in its Rules to which (as held in The Prestige (No. 2) [2015] EWCA Civ 333, [2015] 2 Lloyd’s Rep 33) the States have become subject pursuant to a “conditional benefit” analysis (see below), the Award and Judgment Claims are founded on…”