Arbitration Notes
Tag: west tankers
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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 …
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 …
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) …
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 …
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 …
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 …
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