Arbitraje v. Jurisdicción en riesgos de aseguramiento de responsabilidad civil por contaminación marítima por hidrocarburos: Caso "Prestige"

The article analyzes the “Prestige” case, the latest judicial chapter between the British interests in protecting the shipping and insurance industry that relies on London arbitration in its contracts and the interests of those affected in being able to claim judicially at the site of the damage. The High Court ruling of October 6, 2023 denies the execution in the United Kingdom, domicile of the “Prestige” P&I club, of the order of the Provincial Court of A Coruña of March 1, 2019, condemning the insurer to payment of 855 million euros. This refusal is contrary to the answer given to the preliminary question that the High Court itself presented to the Court of Justice of the European Union. The United Kingdom's permanence in the European Union would have forced British insurers not to be able to enforce the arbitration clause against injured third parties.It is proposed to raise the compensation limits of the 1992 Civil Liability Convention.