Author: Julian Ranetunge**
Published: September 2019
Judicial Assistance in Procedural Matters
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally
This article concerns the effect of the Brussels Recast Regulation (“Regulation”) on the remedies of (i) damages for breach of an arbitration agreement issued by a court and (ii) anti-suit injunctions and damages awards issued by an arbitral tribunal. It first considers the Regulation’s effect on a court’s damages judgment. It then discusses the enforcement of anti-suit injunctions and damages awards issued by arbitral tribunals. There are certain kinds of “West Tankers-type” judgments and orders that an English court can make as a result of proceedings to enforce an arbitral award. These West Tankers-type judgments and orders have the same consequences on the mutual trust principle as the anti-suit injunction at issue in West Tankers itself. However, the Regulation’s insistence that the enforcement of arbitral awards is beyond its scope renders it inept to address such West Tankers-type judgments and orders. Finally, this article discusses how the Brussels regime could resolve this issue.
**Julian Ranetunge, King & Spalding LLP. The views expressed in this article are the author’s and do not necessarily reflect the view of the firm. I would like to thank Professor Trevor Hartley for his support.