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“Front Comor” West Tankers Inc v Allianz SPA & Anor – Court of Appeal

25th Jan 2012

Arbitration — Enforcement of English award — Whether declaration is a means of enforcement — Effect of declaration on later EU judgment — Arbitration Act 1996, section 66 — Council Regulation (EC) No 44/2001, articles 33 and 34.

David Bailey QC and Marcus Mander successfully acted for the Claimant on an application by the Defendants to set aside leave to enforce a declaratory arbitration award that the Claimant was under no liability to the Defendants. The Defendants argued that the court lacked jurisdiction under s.66 Arbitration Act 1996 on the grounds that a purely declaratory award was not capable of being “enforced”.

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