Case Note: Opinion of Advocate General Kokott in Allianz Spa (Formerly Riunione Adriatica Di Sicurta Spa) and Others v. West Tankers Inc. (Case C 185/07 Delivered on 4 September 2008)


On April 2nd, 2007, the House of Lords (United Kingdom) referred to the European Court of Justice a request for a preliminary ruling in respect of the following question under the Brussels Regulation:

"Is it consistent with the Brussels Regulation for a court of a Member State to make an order to restrain a person from commencing or continuing proceedings in another Member State on the ground that such proceedings are in breach of an arbitration agreement?"

This brief case note discusses the recently delivered Advocate General's Opinion on whether the Brussels Convention and Brussels I Regulation (No 44/2001) prohibit a court of a Member State in the arbitral seat from issuing an anti-suit injunction restraining a person from commencing or continuing proceedings before the national courts of another Member State.

The Globetrotter, Ontario Bar Association-International Law Section Newsletter, Vol. 13, No. 1, October 2008

Transnational Dispute Management (TDM), 2009

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