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West Tankers revisited (3): damages allowed for breach of arbitration agreement

  • CMS Cameron McKenna
  • -
  • European Union
  • -
  • May 22 2012

In an important decision in support of international arbitration, the Commercial Court has held that an arbitral tribunal may award damages against a party that breaches an arbitration agreement by bringing proceedings in the courts of a Member State, even though an anti-suit injunction against such proceedings is incompatible with EU Regulation 442001

West Tankers: the latest twist in the saga

  • Hogan Lovells
  • -
  • European Union, United Kingdom
  • -
  • April 26 2012

The Court of Appeal's recent decision in West Tankers Inc v Allianz SPA & Generali Assicurazione Generali SPA is the latest in a long line of cases involving the same parties that have been heard both by the English courts and the Court of Justice of the European Union

“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
  • -
  • European Union, United Kingdom
  • -
  • 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

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
  • -
  • European Union, Italy, United Kingdom
  • -
  • 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

The end of anti-suit injunctions within the European Union?

  • RPC
  • -
  • European Union, United Kingdom
  • -
  • May 26 2010

Anti-suit injunctions have long been a useful tool for parties with a contractual arbitration clause when facing a counterparty that is intent on commencing proceedings in a foreign jurisdiction

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

Arbitration, anti-suit injunctions and the Brussels Regulation

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • March 27 2009

In Allianz SpA (formerly Riunione Adriatica Di Sicurta SpA) v West Tankers Inc 2009 C-18507 (unreported), the European Court of Justice (ECJ) ruled that anti-suit injunctions are incompatible with Regulation 442001EC (the Brussels Regulation) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

The “Front Comor”: an update

  • Reed Smith LLP
  • -
  • European Union
  • -
  • February 19 2009

In our recent newsletter we reported on the opinion of the Advocate General of the European Court of Justice (“ECJ”) delivered on a question referred to the ECJ by the House of Lords earlier in 2008 in the case of the “Front Comor” concerning the use of anti-suit injunctions by the English Courts to protect arbitration agreements

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
  • -
  • European Union, United Kingdom
  • -
  • 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

The Front Comor: an end to anti-suit injunctions?

  • Reed Smith LLP
  • -
  • European Union, Italy, United Kingdom
  • -
  • December 31 2008

The Advocate General of the European Court of Justice (“ECJ”) has now delivered her opinion on a question referred to the ECJ by the House of Lords earlier this year in the case of the “Front Comor” concerning the use of anti-suit injunctions by the English Courts

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