Arbitration, Anti-suit Injunctions and Lis Pendens under the European Jurisdiction Regulation and the New York Convention — Notes on West Tankers, the Revision of the Regulation and Perhaps of the Convention

• Published in: Arbitration international 2011-06, Vol.27 (2), p.171-197
• Main Author: Carducci, Guido
• Format: Article
• Language: English
• ISSN: 0957-0411; 1875-8398
• DOI: 10.1093/arbitration/27.2.171

This article examines what the law with regard to arbitration, anti-suit injunctions and lis pendens from a jurisdictional perspective is: (i) in Europe under Council Regulation (EC) 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and according to the Court's judgment in West Tankers; (ii) in the global context under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, with some remarks on its hypothetical revision; and (iii) in the perspective of the ongoing revision of the Regulation. The focus being on jurisdiction, the article covers the New York Convention with regard to its indirect provision on jurisdiction (Article II(3)) and matters of lis alibi pendens with regard to the case where two or more national courts are requested to ascertain the validity and the applicability of an arbitration agreement.