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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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