Arbitration rules
Flannery, Louis
Arbitration rules - 2007 - New Law Journal 157(7268) 13 April 2007, 508-509(2) .
Discusses two important cases which illustrate judicial support for arbitration. In "Fiona Trust and Holding Corp v Privalov" ([2007] EWCA Civ 20, L136802) the CA considered the concept of separability of arbitration clauses in contracts. The judgment concluded that the arbitrator had to have first say on the question about his jurisdiction and the shipowner's injunction application was dismissed. In "West Tankers Inc v RAS Riunione Adriatica di Sicurita SpA and others" ([2007] UKHL 4, [2007] All ER (D) 246) the HL considered whether or not anti-suit injunctions are still available to restrain court proceedings brought in breach of an arbitration clause. The judgment concluded that anti-suit injunctions in support of arbitration fall outside the scope of the EU Judgments Regulation 44/2001/EC.
FIONA TRUST AND HOLDING CORPORATION AND OTHERS V PRIVALOV AND OTHERS
THROUGH TRANSPORT MUTUAL INSURANCE ASSOCIATION LTD V NEW INDIA ASSURANCE CO LTD
TURNER V GROVIT AND OTHERS
REGULATION (EC) 44/2001
WEST TANKERS INC V RAS RIUNIONE ADRIATICA DI SICURITA SPA AND OTHERS
England and Wales--1543-
Arbitration rules - 2007 - New Law Journal 157(7268) 13 April 2007, 508-509(2) .
Discusses two important cases which illustrate judicial support for arbitration. In "Fiona Trust and Holding Corp v Privalov" ([2007] EWCA Civ 20, L136802) the CA considered the concept of separability of arbitration clauses in contracts. The judgment concluded that the arbitrator had to have first say on the question about his jurisdiction and the shipowner's injunction application was dismissed. In "West Tankers Inc v RAS Riunione Adriatica di Sicurita SpA and others" ([2007] UKHL 4, [2007] All ER (D) 246) the HL considered whether or not anti-suit injunctions are still available to restrain court proceedings brought in breach of an arbitration clause. The judgment concluded that anti-suit injunctions in support of arbitration fall outside the scope of the EU Judgments Regulation 44/2001/EC.
FIONA TRUST AND HOLDING CORPORATION AND OTHERS V PRIVALOV AND OTHERS
THROUGH TRANSPORT MUTUAL INSURANCE ASSOCIATION LTD V NEW INDIA ASSURANCE CO LTD
TURNER V GROVIT AND OTHERS
REGULATION (EC) 44/2001
WEST TANKERS INC V RAS RIUNIONE ADRIATICA DI SICURITA SPA AND OTHERS
England and Wales--1543-