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West Tankers principle unaffected by Recast Brussels Regulation; mandatory foreign jurisdictional rules do not encroach on scope of widely worded arbitration clause
In Nori Holdings Limited et al v PJSC Bank Okritie Financial Corporation [2018] EWHC 1343 (Comm) the English court has applied the Recast Brussels …
Brexit—the future of state-to-state, investor-state and domestic dispute resolution
The Brexit White Paper The much-anticipated Brexit White Paper, ‘The United Kingdom’s exit from and new partnership with the European Union’, was …
Delay causes English Court to deny anti-suit injunction in respect of foreign proceedings brought in breach of an arbitration agreement
A recent case in the English High Court (the Court) demonstrates the need to act promptly when seeking an anti-suit injunction in relation to proceedings …
French Supreme Court refuses to apply a unilateral jurisdiction clause
In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction …
CJEU reaches decision on enforcement of arbitral awards containing anti-suit injunctions in the EU: A sensible decision, but limited in scope
The CJEU has issued its much awaited decision in the reference to the Court of Justice of the European Union (CJEU) by the Lithuanian Supreme Court in …
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 …
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) …
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 …
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