Can International Arbitration Remain Unaffected by EU Law? – Anti-Suit Injunctions and the Scope of the Arbitration Exception
Keywords:
arbitration, anti-suit injunction, European Union law, West Tankers, Brussels I RegulationAbstract
The European Court of Justice has recently ruled in the case C-185/07 West Tankers (Allianz) that under certain circumstances the validity of an arbitration agreement may be evaluated under the Brussels I Regulation by a court of an EU Member State. Moreover, the courts of the seat of arbitration may not issue so-called anti-suit injunctions to protect arbitration against court proceedings in breach of an arbitration agreement in another Member State. This article deals with the concept of anti-suit injunctions and the interface between international arbitration and EU law, with focus on the recent case law of the ECJ. The European Commission has proposed amendments to the arbitration exception. The impact of the reform is difficult to foresee; however, any measure which implies bringing arbitration within the scope of EU law must be assessed carefully. International arbitration is a universal means of dispute resolution and the EU should be cautious not to adopt an inappropriate solution based on regional needs.
