Author: Julian Ranetunge**
Published: September 2019
| Jurisdiction: International |
Topics: Court Decisions Anti-Suit Injunctions Judicial Assistance in Procedural Matters Jurisdiction and Powers of the Courts in Matters of Arbitration Generally |
Description:
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.
*Notes
**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.