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

Article


Farah, Y. and Hourani, S. 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. https://doi.org/10.1080/17441048.2018.1437333
TypeArticle
TitleRecasting West Tankers in the deep water: how Gazprom and recast Brussels I reconcile Brussels I with international arbitration
AuthorsFarah, Y. and Hourani, S.
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.

Research GroupLaw and Politics
LanguageEnglish
PublisherTaylor & Francis (Routledge)
JournalJournal of Private International Law
ISSN1744-1048
Electronic1757-8418
Publication dates
Online25 May 2018
Print02 Jan 2018
Publication process dates
Deposited22 Mar 2018
Accepted27 Jan 2018
Output statusPublished
Accepted author manuscript
Copyright Statement

This is an Accepted Manuscript of an article published by Taylor & Francis in Journal of Private International Law on 02/01/2018, available online: http://www.tandfonline.com/10.1080/17441048.2018.1437333

Digital Object Identifier (DOI)https://doi.org/10.1080/17441048.2018.1437333
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