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Arbitration rules

By: Language: English Series: New Law Journal ; 157(7268) 13 April 2007, 508-509(2)Publication details: 2007Subject(s): Summary: 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.

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.

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