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Sense and Sensibility: Reviewing West Tankers and Dealing with its Implications in the Wake of the Reform of EC Regulation 44/2001

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Abstract:

The European Court of Justice's ruling in West Tankers is a binding legal reality for all those dealing with arbitration agreements. This article recalls and critically analyses the main arguments in the decision and proposes possible solutions in order to resolve the issues resulting from the ruling in a practical and feasible way.

It is argued that the risks following from the loss of the procedural mechanism of the anti-suit injunction should not be overstated; and that the risks and benefits of the anti-suit injunction should be reweighted and its use reconsidered. The article will present alternative solutions and, in the wake of the forthcoming reform of EC-Regulation 44/2001, focus on the question of what might be the most sensible way to minimise the problem of forum-shopping viz to enforce arbitration agreements by partly including arbitration in the Regulation.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/174410410792166557

Publication date: August 1, 2010

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