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21 January 2010 / Janna Purdie
Issue: 7401 / Categories: Features , LexisPSL
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European influence

Janna Purdie highlights how EU judgments can interfere in arbitration proceedings

The ambit of the arbitration exclusion in the Judgments Regulation (Art 1(2)(d)) when determining court jurisdiction has for many years been the subject of debate. However, the ECJ decisions of Marc Rich v Societa Italiana Impianti (the Atlantic Emperor) C-190/89 [1991] and Allianz v West Tankers (the Front Comor) (C-185/07) [2009] have settled the scope of the exclusion. The question that remained was what happens if a foreign court determines that it has jurisdiction?. Is that judgment binding on an English court in subsequent arbitration proceedings such that it creates issue estoppel preventing the English court from determining the same question?.

This question was considered recently by the Court of Appeal in National Navigation v Endesa Generacion SA, [2009] All ER (D) 179 (Dec). The first instance decision held that issue estoppel did not arise. This was on the basis that the subsequent English arbitration proceedings fell within the arbitration exclusion in Art 1(2)(d) and the Judgments Regulation and judgments made under it did not

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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