Last updateTue, 24 Feb 2015 5pm

ANTI-SUIT INJUNCTIONS: Muddying the water

07 August 2015  

Julianne Hughes-Jennett and Sarah Baddeley look at the implications of Gazprom

The Court of Justice of the European Union (CJEU) has handed down its judgment in Gazprom OAO v Republic of Lithuania [2015] confirming that the Brussels I Regulation (Reg 44/2001), which governs the jurisdiction of member state courts over civil and commercial matters, is not applicable to an award issued by an arbitral tribunal prohibiting proceedings in the court of another EU member state (a so-called anti-suit injunction). Instead, anti-suit injunctions issued by arbitral tribunals are governed by national and international law including, where applicable, the New York Convention.

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 [2015] WLR (D) 212