header-logo header-logo

26 March 2009 / Jacqueline Chaplin , Patrick Boylan
Issue: 7362 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

West Tankers' legacy

What options are left for parties faced with a breach of an arbitration agreement in Europe? ask Patrick Boylan & Jacqueline Chaplin

* * * * * *

Last month the European Court of Justice (ECJ) handed down its judgment in Allianz SpA, Generali Assicurazioni Generali SpA v West Tankers Inc C-185/07. The result was not surprising: anti-suit injunctions issued in aid of arbitration were held to be incompatible with the principles of mutual trust and jurisdictional comity espoused by reg 44/2001 (the Regulation).

In August 2000 a vessel owned by West Tankers and chartered to Erg, an Italian company, collided with and caused damage to a jetty owned by Erg. The charterparty was governed by English law and contained an agreement to arbitrate in London. Erg claimed for its uninsured losses against West Tankers in arbitration, and Erg's insurers began proceedings against West Tankers in the Italian courts to recover the sums paid to Erg. West Tankers then sought an anitsuit injunction from the English courts to restrain the insurers from proceeding with their claim in Italy.

An injunction was

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll