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West Tankers: Anti-Suit Injunctions to Protect Arbitration Agreements

11th July 2007

The ECJ in West Tankers: A Divorce from Reality?

Referred to the European Court of Justice for a preliminary ruling on 27 February, the case of West Tankers Inc v. RAS Riunione Adriatica di Sicurta SpA & Others [2007] UKHL 4 has the potential to significantly impact on arbitration in the European Union.

The debate is centred on a tension between Brussels Regulation 44/2001 and the practicalities of international arbitration. The question raised is whether domestic courts may grant an injunction to restrain individuals from commencing proceedings in breach of an arbitration agreement, but before a court which has jurisdiction under the Regulation.

The seminar will assess the legal and practical implications of an ECJ decision prohibiting such injunctions. Will such prohibition result in the decreased use of European centres of arbitration?

The event will be followed by a reception for all those attending.

2 CPD hours may be claimed by both solicitors and barristers through attendance at this event.


Seminar Series on Private International Law

This seminar is part of the British Institute's 2007-2008 Seminar Series on Private International Law, which is kindly sponsored by:

This series explores issues which are of topical importance for current legal practice and study in the field of Private International Law.

If you have any queries relating to this event please contact Jacob van de Velden. If you would like to receive updates similar Institute events, please sign up to this website.

Those with a particular interest in private international law are also encouraged to sign up to the Institute's Private International Law Discussion List.

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