Kerpow! The United Kingdom Courts, West Tankers and the Arbitration ‘Exception’ in the Brussels I Regulation

European Review of Private Law, 2013, 205-220

Posted: 23 Aug 2012 Last revised: 12 Jan 2013

Date Written: August 23, 2012

Abstract

On 24 January 2012, the Court of Appeal for England and Wales upheld the decision by the High Court’s to grant leave for the enforcement of the arbitral award issued in favor of West Tankers against Erg and its insurers, Allianz and Generali. The conciseness of the ruling is in sharp contrast with its relevance. By allowing, in an almost matter-of-fact way, the enforceability in principle of the award, the Court of Appeal has almost certainly set in motion the next chapter in the long-running West Tankers litigation. At stake are the exact boundaries of the rule which excludes arbitration from the 'Brussels I' or 'Jurisdiction' Regulation ('JR').

Keywords: jurisdiction, arbitration, Brussels I Regulation, jurisdiction regulation, West Tankers

JEL Classification: K19, K41

Suggested Citation

van Calster, Geert, Kerpow! The United Kingdom Courts, West Tankers and the Arbitration ‘Exception’ in the Brussels I Regulation (August 23, 2012). European Review of Private Law, 2013, 205-220. Available at SSRN: https://ssrn.com/abstract=2134815

Geert Van Calster (Contact Author)

K.U. Leuven ( email )

Tiensestraat 41
Bus 3424
B-3000 Leuven, 3000
Belgium

HOME PAGE: http://www.gavc.be

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