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28 January 2010 / Sarah Thomas , Ina Jahn , David Howell
Issue: 7402 / Categories: Features , Commercial
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State of affairs

The ECJ decision in West Tankers has been confirmed, say David Howell, Sarah Thomas & Ina Jahn

Following the landmark decision of the European Court of Justice (ECJ) in West Tankers (Allianz SpA v West Tankers Inc C-185/07 [2009] (10 February 2009), the Court of Appeal has confirmed in its decision in National Navigation Co v Endesa Generacion SA [2009] EWCA Civ 1397, [2009] All ER (D) 179 (Dec) (21 December 2009) that a judgment given in EU member state court proceedings in which the subject matter falls within the Brussels Regulation (Regulation 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters) may be recognised in court proceedings in another member state, regardless of whether the latter proceedings fall outside the scope of the Brussels Regulation.

In the West Tankers decision the ECJ held that where a party brings court proceedings in an EU member state in breach of an arbitration agreement and the court determines that it has jurisdiction under the Regulation because the

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MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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