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Tag: west tankers

Showing 12 out of 14 results

22 June 2018

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 …

27 July 2016

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 …

23 December 2014

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) …

20 November 2013

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 …

12 November 2013

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 …

13 June 2013

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 …

12 December 2012

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 …

02 November 2012

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 …

18 April 2012

"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 …

27 January 2012

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 …

24 November 2011

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 …

20 April 2011

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 …