Court of Appeal upholds enforcement of an arbitration award for a negative declaration
Tuesday 24 January, 2012
West Tankers Inc. v Allianz SPA and Generali Assicurazione Generali SPA
– the Front Comor
In a Judgment delivered on 24 January 2012, the Court of Appeal (Toulson, Lloyd and Carnwath LJJ) has decided that there is power under the Arbitration Act 1996 for the Court to order Judgment to be entered in the terms of an arbitration award, where the award takes the form of a negative declaration (i.e. that the successful party has no legal liability to the other party).
This is the latest chapter in a widely reported case, which has been the subject of a reference to the European Court of Justice (case C-185/07 Allianz SPA and other v West Tankers Inc. [2009] 1 Lloyd's Rep 413). The underlying dispute between the parties arises out of a collision between the vessel Front Comor and a pier serving an oil refinery belonging to the vessel's charterers, Erg Petroli SPA, in Italy.
Ince & Co represent West Tankers in this matter.
If you would like to read more about the case, please click here.
If you have any questions on this case, please do not hesitate to contact Ian Chetwood (pictured) or Clare Kempkens.
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