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ARBITRATION: Turning the tanker around

03 June 2011  

Richard Power and Louise Trotter examine the response of the European Commission and the English Courts to West Tankers

The European Commission (the Commission) has published a proposal to amend the Brussels Regulation on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (EC 44/2001) (the Regulation), to deal with the issues raised by the ECJ’s decision in Allianz & anor v West Tankers Inc [2009]. The Proposal aims to reduce the potential for a party to delay or avoid arbitration by bringing proceedings in another member state, in breach of a valid arbitration agreement.

Additional Info

  • Case(s) Referenced:

    Allianz & anor v West Tankers Inc [2009] EUECJ C-185/07)

    Gasser [2003] C-116/02

    Turner [2004] C-159/02

    West Tankers Inc v Allianz Spa & anor [2011] EWHC 829 (Comm)