Gazprom OAO v. Lietuvos Republika: A Victory for Arbitration?
2016 (English)In: European Law Review, ISSN 0307-5400, Vol. 41, no 4, 578-589 p.Article in journal (Refereed) Published
The long-awaited ruling in Gazprom deals with the complex intersection between arbitration and the Brussels I Regulation, the flagship regulation of EU civil justice. The much-debated reform of the Regulation and in particular its "arbitration exclusion" following the judgment of the Court of Justice in West Tankers, relating to anti-suit injunctions in support of arbitration, formed the backdrop to the ruling in Gazprom. The Court reaffirmed the judgment in West Tankers and confirmed that anti-suit injunctions are contrary to the mutual trust between courts in the EU. However, the circumstances in Gazprom, an arbifral award including an order prohibiting a party from bringing certain claims in court, did not fall within the scope of the Brussels I Regulation. Thus the ruling can be seen as a small victory for arbitration.
Place, publisher, year, edition, pages
Sweet & Maxwell, 2016. Vol. 41, no 4, 578-589 p.
Arbitration, EU, mutual recognition, recgnition of arbitral award, recognition of judgment, Brussels I-Regulation, recast, recital 12, anti-suit injunction
Research subject Procedural Law; European (Integration) Law; Private International Law
IdentifiersURN: urn:nbn:se:uu:diva-280541ISI: 000381297800015OAI: oai:DiVA.org:uu-280541DiVA: diva2:911139