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Arbitration, Anti-suit Injunctions and the Brussels Regulation: Case C-

By Bartolus

Well, it has happened, as feared. The Court of Justice has handed down its judgment in Case C-185/07 West Tankers and the result is as expected.

Remember ? It is that case about anti-suit injunctions issued to protect an arbitration clause. We noted it here and here while it was pending.

Anyway, we won't say much more than to indicate that the Court of Justice concluded that it is incompatible with Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters for a court of a Member State to make an order to restrain a person from commencing or continuing proceedings before the courts of another Member State on the ground that such proceedings would be contrary to an arbitration agreement.

For some terrific commentary, go over to our friends at the Conflict of Laws blog who have had a terrific on-line symposium on the case.

Full post as published by EU Law Blog on February 21, 2009 (boomark / email).