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Recent Court of Appeal decision further cements "West Tankers" into English law
- Edwards Wildman Palmer LLP
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- European Union, United Kingdom
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- 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
European Commission considers reform to EC Regulation No 442001
- Edwards Wildman Palmer LLP
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- European Union
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- June 23 2009
The European Commission has published a report and a green paper on the application of EC Regulation No 442001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Regulation
No restraint: ECJ ruling spells the end of anti-suit injunctions
- Edwards Wildman Palmer LLP
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- European Union, United Kingdom
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- February 16 2009
The recent Judgment of the European Court of Justice (ECJ) in Allianz SpA (formerly Riunione Adriatica Di Sicurta SpA) and Others v West Tankers Inc. (Case C-18507) means that English courts are now unable to restrain court proceedings commenced in other EU Member States in breach of an arbitration clause
ECJ blow to arbitration
- Edwards Wildman Palmer LLP
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- European Union, United Kingdom
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- February 10 2009
In September 2008 we reported on the advisory opinion of the Advocate General of the European Court of Justice (ECJ) in Allianz SpA v West Tankers regarding the English courts' ability to issue anti-suit injunctions in support of arbitration agreements
Blow to anti-suit injunctions
- Edwards Wildman Palmer LLP
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- European Union, United Kingdom
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- September 10 2008
An advisory opinion handed down on 4 September in the European Court of Justice (ECJ) may have signalled an end to the English courts' ability to issue anti-suit injunctions against parties who commence parallel litigation in other EC Member State countries
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- Workarea - Litigation
- Workarea - Arbitration
- Firm Name - Edwards Wildman Palmer LLP
- Jurisdiction - European Union