Janna Purdie reports on the opinion of the advocate general of the ECJ in the West Tankers case
Default judgment
Anti-suit injunctions giving effect to arbitration agreements are incompatible with the Judgments Regulation, according to the opinion of the advocate general of the ECJ, following a reference for a preliminary ruling from the House of Lords.
Facts leading to the requirement for an ECJ opinion
In August 2000 a vessel owned by West Tankers was under charter. The charter party contained an arbitration agreement with a London arbitration seat and for any arbitration to be governed by English law. While under charter, the vessel collided with a jetty causing damage. The claimants, as insurers, paid out for the damage to the jetty. Various proceedings and arbitrations were commenced:
● London arbitration—the owner of the jetty started an arbitration against West Tankers in London to recover uninsured losses.
● Italian court proceedings—the insurers started court proceedings in Italy against West Tankers to recover the monies paid out under the insurance policy.
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