Allianz SpA v West Tankers: Difference between revisions
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'''Allianz SpA v West Tankers''' is a preliminary ruling by Full Chamber the [[European Court of Justice|Court of Justice]] of the [[Court of Justice of the European Union]] upon a reference for a preliminary ruling from the [[House of Lords]]. The court held that the validity of [[arbitration]] agreements falls within the scope of the [[Brussels regime|Brussels regulation]], but that [[anti-suit injunction]] can not be given.<ref>{{cite book|url=https://books.google.com/books?id=T5cCdQ3OKyoC& |
'''Allianz SpA v West Tankers''' is a preliminary ruling by Full Chamber the [[European Court of Justice|Court of Justice]] of the [[Court of Justice of the European Union]] upon a reference for a preliminary ruling from the [[House of Lords]]. The court held that the validity of [[arbitration]] agreements falls within the scope of the [[Brussels regime|Brussels regulation]], but that [[anti-suit injunction]] can not be given.<ref>{{cite book|url=https://books.google.com/books?id=T5cCdQ3OKyoC&q=west%20tankers%20court%20of%20justice%20european%20union&pg=PA230|title=The Three Paths of Justice: Court Proceedings, Arbitration, and Mediation in England|accessdate=24 May 2014|publisher=Springer|author=Neil Andrews|date=28 September 2011|isbn=9789400722941}}</ref> |
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In other words: the law of the Regulation does not allow a member state's court to give an order to restrain a person from commencing or continuing proceedings (the so-called [[anti-suit injunction]]s before the court of another member state on the ground that such proceedings would be contrary to the arbitration agreement. Member states must have mutual trust in one another and allowing anti-suit injunctions would undermine the effectiveness of the Regulation. |
In other words: the law of the Regulation does not allow a member state's court to give an order to restrain a person from commencing or continuing proceedings (the so-called [[anti-suit injunction]]s before the court of another member state on the ground that such proceedings would be contrary to the arbitration agreement. Member states must have mutual trust in one another and allowing anti-suit injunctions would undermine the effectiveness of the Regulation. |
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Revision as of 18:43, 6 December 2020
 | This article may be too technical for most readers to understand. (June 2014) |
| Allianz SpA v West Tankers | |
|---|---|
 | |
| Submitted 2 April 2007 Decided 10 February 2009 | |
| Full case name | Allianz SpA, formerly Riunione Adriatica di Sicurtà SpA, Generali Assicurazioni Generali SpA, v West Tankers Inc. |
| Case | C‑185/07 |
| CelexID | 62007CJ0185 |
| ECLI | ECLI:EU:C:2009:69 |
| Case type | Reference for a preliminary ruling |
| Chamber | Full chamber |
| Procedural history | Reference of the House of Lords (United Kingdom) |
| Court composition | |
| Judge-Rapporteur J. Klučka | |
| President V. Skouris | |
| Judges | |
| Advocate General J. Kokott | |
| Legislation affecting | |
| Interprets Brussels Regulation | |
| Keywords | |
| antisuit injunction, arbitration | |
Allianz SpA v West Tankers is a preliminary ruling by Full Chamber the Court of Justice of the Court of Justice of the European Union upon a reference for a preliminary ruling from the House of Lords. The court held that the validity of arbitration agreements falls within the scope of the Brussels regulation, but that anti-suit injunction can not be given.[1]
In other words: the law of the Regulation does not allow a member state's court to give an order to restrain a person from commencing or continuing proceedings (the so-called anti-suit injunctions before the court of another member state on the ground that such proceedings would be contrary to the arbitration agreement. Member states must have mutual trust in one another and allowing anti-suit injunctions would undermine the effectiveness of the Regulation.
See also
References
- ^ Neil Andrews (28 September 2011). The Three Paths of Justice: Court Proceedings, Arbitration, and Mediation in England. Springer. ISBN 9789400722941. Retrieved 24 May 2014.
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