Arbitration Notes
Tag: brussels regulation
Showing 12 out of 14 results
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 …
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 …
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 …
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 …
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 …
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 …
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 …
"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 …
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 …
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 …
West Tankers: The saga continues – has West Tankers found a way around the ECJ's judgment, enabling it to frustrate the Italian proceedings that it earlier failed to injunct?
On 6 April 2011, in the latest instalment of the West Tankers dispute, the Commercial Court in London upheld an earlier order for enforcement of a …
Brussels Regulation: The Commission proposes radical changes to rules on jurisdiction and enforcement of judgments
On Tuesday (14 December 2010) the Commission published its eagerly anticipated proposals relating to reforms to the Council Regulation (EC) No 44/2001 on …
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