After the ECJ'S West Tankers: The Clash of Civilizations on the Issue of an Anti-Suit Injunction

Authors

Grace Gunah Kim, Benjamin N. Cardozo School of Law

Abstract

This Note argues that the ECJ's West Tankers decision to ban an anti-suit injunction in Europe, coupled with the recent European Commission's reform proposals to govern arbitration within the jurisdictional framework of the Brussels Regulation No. 44/ 2001 ("Brussels Regulation"), directly clash with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention") and practically amount to a blanket rule that bars English courts from upholding arbitration agreements.

Disciplines

Comparative and Foreign Law | Courts | Dispute Resolution and Arbitration | Jurisdiction | Law | Legal Remedies

Recommended Citation

Grace G. Kim, After the ECJ'S West Tankers: The Clash of Civilizations on the Issue of an Anti-Suit Injunction, 12 Cardozo J. Conflict Resol. 573 (2011).
Available at: https://larc.cardozo.yu.edu/cjcr/vol12/iss2/13