What now after the decision in West Tankers (The Front Comor)?
The English Courts cannot grant anti-suit injunctions affecting proceedings in other EU member states, and this now includes cases where the English Court would be seeking to enforce a London arbitration agreement.
The EC Commission’s review of the Jurisdiction Regulation may lead to changes (for better or worse), but in the meantime attempts are likely to be made to develop alternative remedies against court proceedings in breach of an arbitration agreement, which can still be deployed against proceedings within the EU.
These alternative remedies include declaratory relief and damages for breach of an arbitration agreement.
– the impact of West Tankers on declaratory relief where the foreign court rejects a jurisdictional challenge based on a London arbitration clause.
– the decision in The Wadi Sudr
– it may be relatively straightforward to obtain damages from an arbitral tribunal against a party to the arbitration agreement itself, but what if the court proceedings are brought by a subrogated insurer in its own name?
– CMA CGM –v- Hyundai Mipo and The ‘Kallang’/The ‘Duden’
– choice of law issues and the Rome II Regulation
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