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English High Court upholds two challenges to jurisdiction

Herbert Smith Freehills LLP
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United Kingdom
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March 22 2013

The English High Court has recently set aside two arbitration awards under section 67 of the Arbitration Act 1996 (1996 Act) on the grounds of lack

“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

Herbert Smith Freehills LLP
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European Union, United Kingdom
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April 18 2012

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 owned by the vessel’s charterers, the English court has found that the majority of the tribunal was wrong to decline jurisdiction over a claim for equitable damages for breach of an arbitration clause

Court of Appeal affirms West Tankers pro-arbitration decision endorsing an arbitral award in the face of a possible inconsistent Italian judgment

Herbert Smith Freehills LLP
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United Kingdom
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January 26 2012

On 24 January 2012, the Court of Appeal handed down its keenly awaited decision in West Tankers Inc v Allianz SPA & Generali Assicurazione Generali SPA 2012 EWCA Civ 27

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?

Herbert Smith Freehills LLP
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European Union, Italy, United Kingdom
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April 20 2011

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 declaratory award which found that West Tankers Inc ("West Tankers") had no liability to Allianz SpA and Generali Assiurazione Generali SpA (the "Insurers"), who are currently pursuing court proceedings against West Tankers in Italy

ECJ hands down judgment in West Tankers confirming that anti-suit injunctions in support of arbitration agreements are incompatible with the Brussels Regulation

Herbert Smith Freehills LLP
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European Union, United Kingdom
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February 10 2009

The European Court of Justice ("ECJ") has today issued its judgment confirming the Advocate General's ("AG") Opinion of 4 September 2008 that anti-suit injunctions should not be brought to restrain court proceedings in another EU Member State even where they are brought apparently in breach of an arbitration agreement

West Tankers Inc v RAS Riunione Adriatica di Sicurta SpA 2007 UKHL 4 anti-suit injunctions in support of arbitration

Herbert Smith Freehills LLP
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United Kingdom
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February 27 2007

On 21 February 2007, the House of Lords delivered a decision in which they requested the European Court of Justice ("ECJ") to consider whether it is "consistent with EC Regulation 442001 for a court of a Member State to make an order to restrain a person from commencing or continuing proceedings in another Member State on the ground that such proceedings are in breach of an arbitration agreement."

Search results

English High Court upholds two challenges to jurisdiction

“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

Court of Appeal affirms West Tankers pro-arbitration decision endorsing an arbitral award in the face of a possible inconsistent Italian judgment

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?

ECJ hands down judgment in West Tankers confirming that anti-suit injunctions in support of arbitration agreements are incompatible with the Brussels Regulation

West Tankers Inc v RAS Riunione Adriatica di Sicurta SpA 2007 UKHL 4 anti-suit injunctions in support of arbitration

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