The Future of Anti-Suit Injunctions in Support of Arbitration after the EU Court of Justice's Judgment in the Gazprom Case
(2017) 34 Journal of International Arbitration 333-345
17 Pages Posted: 22 Jun 2017
Date Written: December 21, 2016
By its judgment of 10 February 2009, Allianz and Generali Assicurazioni Generali (C-185/07, EU:C:2009:69), the EU Court of Justice declared anti-suit injunctions issued by Member States’ courts in support of an arbitration contrary to the Brussels I Regulation if proceedings between the same parties and on the same matter had been commenced before the courts of a Member State. However, in its judgment of 13 May 2015, Gazprom (C-536/13, EU:C:2015:316), the Court ruled that the said Regulation posed no obstacle to the recognition and enforcement of such injunctions when issued by arbitral tribunals. Since then, the Brussels I Regulation (recast) has come into force. Its recital 12 removes the foundation on which the Court based its judgment of 10 February 2009, Allianz and Generali Assicurazioni Generali (C-185/07, EU:C:2009:69), paving the way for Member States’ courts to issue anti-suit injunctions in support of arbitrations.
Keywords: international arbitration, anti-suit injunctions, EU law, Brussels I Regulation, Brussels I Regulation bis, Regulation 1215/2012, exclusion of arbitration, West Tankers
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