header-logo header-logo

West Tankers' legacy

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

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll