Recasting West Tankers in the deep water: how Gazprom and recast Brussels I reconcile Brussels I with international arbitration

Farah, Youseph and Hourani, Sara ORCID: https://orcid.org/0000-0001-6348-1014 (2018) Recasting West Tankers in the deep water: how Gazprom and recast Brussels I reconcile Brussels I with international arbitration. Journal of Private International Law, 14 (1) . pp. 96-129. ISSN 1744-1048 [Article] (doi:10.1080/17441048.2018.1437333)

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Abstract

The central argument which is advanced by this article is that, whilst there is no outright obligation in Brussels I which prevents parallel proceedings between a court action and arbitration between the same parties and concerning a similar cause of action, the revisions in the recast Brussels I, along with the Gazprom interpretation of key non-revised parts of Brussels I, do certainly provide improved support for international commercial arbitration. These do so by giving more scope to national courts to restrict Parallel Proceedings; through anti-suit injunctions issued by an arbitral tribunal; through finding parties taking parallel court action to be in breach of the arbitration agreement; and by giving primacy to the arbitral award where it is irreconcilable with a parallel court judgment. The authors particularly demonstrate that this is made possible because of a changed (diminished) role which is given to the principle of effectiveness of EU law (effet utile) post Gazprom and Brussels I.

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