The Supreme Court 28 October 2026, [2026] UKSC 36 (The Kingdom of Spain & Anor v The London Steam-Ship Owners’ Mutual Insurance Association Limited No 2)

Lord Leggatt and Lord Burrows ( with whom Lord Lloyd-Jones, Lord Doherty and Lord Snowden agree ): Introduction The underlying question on this appeal is how the principle that a third party cannot take the benefit of a contract without accepting its burden, often called “the conditional benefit principle”, applies to a contract containing an arbitration clause.