Geert Van Calster (K.U. Leuven) has posted “Kerpow! The United Kingdom Courts, West Tankers and the Arbitration ‘Exception’ in the Brussels I Regulation” European Review of Private Law, Forthcoming. Here’s the abstract:
On 24 January 2012, the Court of Appeal for England and Wales upheld the decision by the High Court’s to grant leave for the enforcement of the arbitral award issued in favor of West Tankers against Erg and its insurers, Allianz and Generali. The conciseness of the ruling is in sharp contrast with its relevance. By allowing, in an almost matter-of-fact way, the enforceability in principle of the award, the Court of Appeal has almost certainly set in motion the next chapter in the long-running West Tankers litigation. At stake are the exact boundaries of the rule which excludes arbitration from the ‘Brussels I’ or ‘Jurisdiction’ Regulation (‘JR’).
A copy of the paper is available for download via SSRN here.
- Arbitration, Anti-suit Injunctions and the Brussels Regulation: Case C- (eulaw.typepad.com)