ORDERING CESSATION OF COURT PROCEEDINGS TO PROTECT THE INTEGRITY OF ARBITRATION AGREEMENTS UNDER THE BRUSSELS I REGIME


DEMİRKOL B.

INTERNATIONAL & COMPARATIVE LAW QUARTERLY, cilt.65, ss.379-404, 2016 (SSCI İndekslerine Giren Dergi) identifier identifier

  • Cilt numarası: 65 Konu: 2
  • Basım Tarihi: 2016
  • Doi Numarası: 10.1017/s0020589316000087
  • Dergi Adı: INTERNATIONAL & COMPARATIVE LAW QUARTERLY
  • Sayfa Sayıları: ss.379-404

Özet

The CJEU judgment in West Tankers created much controversy on the question of whether issuing an anti-suit injunction in order to protect the integrity of arbitration agreements should fall within the scope of the arbitration exclusion in Article 1 of the Brussels I Regulation (2001). The negative answer of the Court has been since challenged many times by academics and practitioners and new approaches were proposed during the drafting of the Brussels I Recast. Although the Court had not since considered whether the Recast modified the legal regime, in Gazprom the Advocate General gave his opinion on the basis that it had. The Court in Gazprom, however, saw the enforcement of an arbitral award ordering cessation of court proceedings to be a distinct issue which is not covered by the Brussels I Regulation. This article discusses first the applicability of the Brussels I Regulation to the enforcement of arbitral awards ordering anti-suit injunction as a final relief. Secondly, it examines anti-suit injunctions issued by Member State courts in the post-Recast era. It aims to reveal the extent to which an order for cessation of court proceedings (or an anti-suit injunction) to protect the integrity of arbitration agreements is permissible under existing law.