Tag Archives: Brussels Regulation

The European Parliament’s study on arbitration legal instruments and practice in the EU and Switzerland: a step towards a uniform European regime on arbitration?

Two weeks ago the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs published a broad study on the legal instruments and practice of arbitration across the European Union and Switzerland.  This study was undertaken over the past year … Continue reading

Leave a Comment

Filed under Arbitration laws, Brussels Regulation, EU Law, Europe

Exploiting the advantages of an English arbitral seat? Commercial Court confirms the validity of an arbitration agreement and tribunal’s substantive jurisdiction whilst parallel proceedings continue in Italy

The English Commercial Court has granted an application under section 32 of the English Arbitration Act 1996 (the Act), determining that a tribunal appointed by the Refined Sugar Association has substantive jurisdiction to hear a dispute that has arisen out … Continue reading

Leave a Comment

Filed under Arbitration Act 1996, Brussels Regulation, Jurisdiction

English High Court considers: arbitability of civil claims with a criminal aspect; its discretion to enforce awards under s66 of the Arbitration Act 1996; and the scope of the arbitration exception to immunity under s9 of the State Immunity Act 1978

In The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and the French State [2013] EWHC 3188 (Comm), the High Court had to consider whether to exercise its discretion under section 66 of the English Arbitration … Continue reading

Leave a Comment

Filed under Arbitrability, Awards, Enforcement, EU Law, Europe, Sovereign Immunity

UK Supreme Court confirms power to issue an anti-suit injunction even when no arbitration is underway or proposed

The Supreme Court has confirmed that the English court has jurisdiction to injunct the continuation or commencement of foreign proceedings brought in breach of an arbitration agreement, even in the absence of an actual, proposed or intended arbitration (Ust-Kamenogorsk Hydropower Plant … Continue reading

Leave a Comment

Filed under Arbitration clauses, Europe

The Revised Brussels Regulation: Are we back to where we started?

On 10 December, the Council of EU Justice Ministers voted to adopt the revision of Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, otherwise known as the Brussels Regulation. Because the … Continue reading

Leave a Comment

Filed under Arbitration laws, EU Law, Europe, New York Convention

Brussels Regulation reform: a further step towards protecting the arbitration exception

On 20 November 2012 the European Parliament voted in favour of the Legal Affairs’ Committee amendments to the European Commission’s proposal to reform the Brussels Regulation. The proposals for arbitration are set out in our earlier blog post here. The draft legislation … Continue reading

Leave a Comment

Filed under Arbitration laws, EU Law, Europe

Arbitration agreements set to be protected by the pending Brussels Regulation reform

On 11 October, the European Parliament’s Legal Affairs Committee approved its report on reform of the Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the Brussels Regulation). The report takes into account the … Continue reading

Leave a Comment

Filed under Arbitrability, EU Law, Europe

“West Tankers” Saga Continues: Court rejects Tribunal’s finding that it did not have jurisdiction to award damages for breach of an obligation to arbitrate

In the most recent of a long running series of decisions arising from a collision between the Appellant’s vessel, the “Front Comor”, and a Sicilian pier owned by the vessel’s charterers, the English court has found that the majority of … Continue reading

Leave a Comment

Filed under Challenges to awards, Damages, EU Law, Europe

Court of Appeal affirms West Tankers pro-arbitration decision endorsing an arbitral award in the face of a possible inconsistent Italian judgment

On 24 January 2012, the Court of Appeal handed down its keenly awaited decision in West Tankers Inc v Allianz SPA & Generali Assicurazione Generali SPA [2012] EWCA Civ 27. It has upheld Field J’s decision at first instance in … Continue reading

Leave a Comment

Filed under Awards, Enforcement, Enforcement - Europe

Declaratory award on tribunal’s jurisdiction is enforceable despite proceedings elsewhere

In African Fertilizers and Chemicals Nig v BD Shipsnavo, the Commercial Court held that a declaratory award on the jurisdiction of an arbitral tribunal is enforceable (under section 66 of the Arbitration Act 1996), allowing judgment to be entered in … Continue reading

Leave a Comment

Filed under Awards, Enforcement, Enforcement - Europe