| 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 |
||