000 01544cam a2200229 4500
001 ABS63685
008 000000n2001 000 0 eng u
035 _a(Sirsi) u111936
245 _aArbitration and the Brussels Convention: antisuit injunctions
260 _c2001
490 _aArbitration Law Monthly
_v1(2) March 2001, 3-7(5)
520 _aWhere an arbitration clause has cited England as the seat of an arbitration, the English courts will issue an injunction to prevent parties starting judicial proceedings in another jurisdiction. Looks at the question of whether judicial discretion should be exercised in favour of the grant of an injunction, especially where the person to be injuncted resides in the EC. In this situation, jurisdiction depends on the Brussels Convention 1968. Under article 2 of the Convention, a defendant can only be sued in the contracting state where he resides. Looks at the recent case "Navigation Maritime Bulgare v Rustal Trading Ltd", heard in the English courts, which involved an application for an antisuit injunction, and throws some light on the impact on English arbitration proceedings of the Brussels Convention.
590 _aABS
650 _aBRUSSELS CONVENTION 1968
650 _aINJUNCTIONS
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
650 _aJURISDICTION
650 _aEUROPE
650 _aNAVIGATION MARITIME BULGARE V RUSTAL TRADING LTD
690 _aDispute resolution
_96236
942 _n0
999 _c66703
_d66703