Irreconcilability and the Role of the CJEU post-Brexit

Abstract

In the latest court decision in the context of the “Prestige” case, post-Brexit legal complexities came to the forefront. The “London P&I Club” contested a Spanish court’s decision demanding compensation for an oil spill. Invoking arbitration, the Club sought to prevent enforcement of the Spanish judgment in the UK. However, the CJEU ruled the arbitration couldn’t block the Spanish judgment’s recognition. Challenging this, Justice Butcher of the London High Court found the CJEU had overstepped its jurisdiction. He concluded the arbitration proceedings could indeed impede the Spanish judgment’s enforcement, highlighting tensions between UK courts and CJEU post-Brexit, and raising critical questions about arbitration’s role in international disputes and the principles of irreconcilability and public policy.