Anti-Suit Injunctions: Muddying the water

Hogan Lovells | The Commercial Litigation Journal | July/August 2015 #62
Julianne Hughes-Jennett and Sarah Baddeley look at the implications of Gazprom ‘The Advocate General considered that if West Tankers had been decided under the Brussels I Regulation (recast), the anti-suit injunction would not have been held to be incompatible with that Regulation.’The Court of Justice of the European Union (CJEU) has handed down its judgment …

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Arbitration: Sweet settlement

Clyde & Co LLP | The Commercial Litigation Journal | January/February 2015 #59
Nigel Brook and Michelle Radom examine the impact of the new Reg 1215/2012 ‘Any court proceedings brought in order to support an arbitration… fall outside the scope of [Reg 1215/2012], and hence a court which is not first seised can decide these matters, despite the risk of parallel judgments.’ In a recent case, Toyota Tsusho …

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ADR: Run aground – is this the end of the road for West Tankers?

Hogan Lovells | The Commercial Litigation Journal | January/February 2015 #59
Julianne Hughes-Jennett and Sarah Baddeley analyse Advocate General Wathelet’s opinion in Gazprom ‘The arbitral tribunal is not subject to the Brussels I Regulation and is not bound by the principle of mutual trust applicable between the courts of the member states.’The relationship between arbitration and litigation has, for a number of years, caused both the …

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