1. Recasting West Tankers in the deep water: how Gazprom and recast Brussels I reconcile Brussels I with international arbitration.
- Author
-
Farah, Youseph and Hourani, Sara
- Subjects
- *
TANKERS , *INTERNATIONAL commercial arbitration , *OBLIGATIONS (Law) - Abstract
The central argument which is advanced by this article is that, whilst there is no outright obligation in Brussels I which prevents parallel proceedings between a court action and arbitration between the same parties and concerning a similar cause of action, the revisions in the recast Brussels I, along with the Gazprom interpretation of key non-revised parts of Brussels I, do certainly provide improved support for international commercial arbitration. These do so by giving more scope to national courts to restrict Parallel Proceedings; through anti-suit injunctions issued by an arbitral tribunal; through finding parties taking parallel court action to be in breach of the arbitration agreement; and by giving primacy to the arbitral award where it is irreconcilable with a parallel court judgment. The authors particularly demonstrate that this is made possible because of a changed (diminished) role which is given to the principle of effectiveness of EU law (effet utile) post Gazprom and Brussels I. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF