Tag Archives: West Tankers

When life gives you lemons, make lemonade: anti-suit injunctions and arbitration in London post-Brexit

London has long been a city associated with international arbitration. In 2015, even with the UK referendum on EU membership looming, according to analysis by theCity UK, London was the seat or centre of 4,738 international commercial arbitrations, mediations and … Continue reading

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Filed under EU, EU Law, Interim relief, Jurisdiction

Anti-suit Injunctions within the EU: AG Wathelet delivers his Opinion in Gazprom

The Advocate¬†General Wathelet (the AG) has delivered his much awaited Opinion in the reference to the Court of Justice of the European Union (CJEU) by the Lithuanian Supreme Court in the case of Gazprom (C-536/13). The Lithuanian Court referred to … Continue reading

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Filed under Brussels Regulation, EU Law, New York Convention

Does the Brussels I Regulation forbid recognition of arbitral anti-suit injunctions? Lithuanian Supreme Court refers question to CJEU

Last month, the Lithuanian Supreme Court (the Supreme Court) made a preliminary reference to the Court of Justice of the European Union (CJEU) asking whether an EU member state court can refuse to recognise an arbitration award which restrains a … Continue reading

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Filed under Awards, EU Law, Europe, New York Convention

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

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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

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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

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

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

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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

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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

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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

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Filed under Awards, Enforcement, Enforcement - Europe