ANTISUIT INJUNCTIONS IN SUPPORT OF ARBITRATION:WEST TANKERSSTILL AFLOAT

Abstract

AbstractIn its eagerly awaited judgment inGazprom, the CJEU declined to follow the Opinion of Advocate General Wathelet thatWest Tankersis no longer good law. TheWest Tankerscase decided that the courts of one Member State are precluded from granting antisuit injunctions directed at proceedings in the courts of another Member State, even if the proceedings in which the injunction is granted fall outside the scope of the Brussels Regulation by reason of the fact that they are concerned with arbitration. TheGazpromcase confirms thatWest Tankersis still good law.