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Recent Court of Appeal decision further cements "West Tankers" into English law

  • Edwards Wildman Palmer LLP
  • -
  • European Union, United Kingdom
  • -
  • May 12 2010

In our August 2009 edition of the Commercial Litigation Review View, we analysed the decision of the European Court of Justice (ECJ) in West Tankers in which it was held that the courts of a Member State first seised must decide whether they have jurisdiction despite an arbitration agreement between the parties (and so the English courts cannot grant an anti-suit injunction to restrain proceedings in that Member State