A Departure from West Tankers after Brexit? Anti-suit Injunctions in the UK Directed to Parties in EU National Courts

Research output: Contribution to journalArticle

Abstract

As international commercial arbitration is increasingly becoming the preferred method of dispute resolution internationally, so too are national courts increasingly issuing anti-suit injunctions. Different jurisdictions have adopted different approaches towards issuing this controversial remedy. Within the European Union (EU), the Court of Justice of the European Union (CJEU hereafter) in West Tankers imposed a restriction on EU national courts from granting anti-suit injunctions in favour arbitration where the foreign proceeding is in another EU national court. However, with Brexit looming, the UK passed European Withdrawal Act 2018 (EUWA) which gives the UK Supreme Court (UKSC) a legal pathway to overturning West Tankers. This article argues that it is highly likely that post-Brexit the UKSC will overturn West Tankers and thus will regain its power to issue anti-suit injunctions towards EU national courts. Further, it exhorts for an adoption of an approach similar to that in the US First and Second Circuit Courts, in cases involving proceedings in EU national courts.
Original languageEnglish
Pages (from-to)55-67
Number of pages13
JournalIrish Journal of European Law
Volume21
Issue number1
Publication statusPublished - Dec 2018

Keywords

  • Arbitration
  • anti-suit injunction
  • Brexit

ASJC Scopus subject areas

  • Social Sciences(all)

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