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ADR: Run aground: is this the end of the road for West Tankers?

06 February 2015  

Julianne Hughes-Jennett and Sarah Baddeley analyse Advocate General Wathelet’s opinion in Gazprom

The relationship between arbitration and litigation has, for a number of years, caused both the courts and commentators considerable difficulty, most notably in the case of Allianz SpA v West Tankers Inc [2009] where the European Court of Justice (ECJ) held that an anti-suit injunction issued by a national court, in support of arbitration proceedings, is incompatible with Reg 44/2001 (the Brussels I Regulation). This relationship has recently been addressed once again by Advocate General Wathelet in his opinion in Gazprom OAO v Republic of Lithuania [2014]. In this case the advocate general considers whether a national court may refuse to recognise and enforce an arbitral award on the basis that it would restrict that court’s right to determine its own jurisdiction under the Brussels I Regulation.

Additional Info

  • Case(s) Referenced:

    Case C-185/07 Allianz SpA & anor v West Tankers Inc [2009] ECR I-00663

    Case C-536/13 Gazprom OAO v Republic of Lithuania [2014] (unreported)