header-logo header-logo

26 March 2009 / Jacqueline Chaplin , Patrick Boylan
Issue: 7362 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

West Tankers' legacy

What options are left for parties faced with a breach of an arbitration agreement in Europe? ask Patrick Boylan & Jacqueline Chaplin

* * * * * *

Last month the European Court of Justice (ECJ) handed down its judgment in Allianz SpA, Generali Assicurazioni Generali SpA v West Tankers Inc C-185/07. The result was not surprising: anti-suit injunctions issued in aid of arbitration were held to be incompatible with the principles of mutual trust and jurisdictional comity espoused by reg 44/2001 (the Regulation).

In August 2000 a vessel owned by West Tankers and chartered to Erg, an Italian company, collided with and caused damage to a jetty owned by Erg. The charterparty was governed by English law and contained an agreement to arbitrate in London. Erg claimed for its uninsured losses against West Tankers in arbitration, and Erg's insurers began proceedings against West Tankers in the Italian courts to recover the sums paid to Erg. West Tankers then sought an anitsuit injunction from the English courts to restrain the insurers

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll