Conflict of laws

The claimant insurer of the owners of a vessel brought claims in the UK and in Venezuela against the defendant fund seeking declarations that the defendant was liable to indemnify it in respect of its liability to the Bolivarian Republic of Venezuela in respect of the Republic’s claims for pollution damage arising out of the grounding the vessel, and the resulting oil spill. The defendant applied for a declaration that it was immune from jurisdiction, pursuant to s 6 of the International Oil Pollution Compensation Fund (Immunities and Privileges) Order 1979 (SI 1979/912). The Commercial Court, in allowing the application, held that the defendant was immune from the claimant’s suit in the UK and that the English court had no jurisdiction over the claim.