THE VIEW FROM EUROPE WHAT'S NEW IN EUROPEAN ARBITRATION?

The practical lesson to be learnt from this is that a party, when faced with court proceedings brought in breach of an arbitration agreement, should act quickly and apply for an anti-suit injunction as opposed to waiting for judgment and only then applying for an anti-enforcement injunction.\n Moreo...

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Bibliographic Details
Published in:Dispute resolution journal 2015-11, Vol.70 (4), p.105
Main Authors: Wilske, Stephan, Fox, Todd J, Steward, Geoff
Format: Magazinearticle
Language:English
Subjects:
Agreements
Arbitration
Court hearings & proceedings
Disclosure
Disputes
Employment
Enforcement
Evidence
Federal court decisions
Hydroelectric plants
Hydroelectric power
Industrial tribunals
Injunctions
Jurisdiction
Law firms
State court decisions
Transnationalism
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Summary:The practical lesson to be learnt from this is that a party, when faced with court proceedings brought in breach of an arbitration agreement, should act quickly and apply for an anti-suit injunction as opposed to waiting for judgment and only then applying for an anti-enforcement injunction.\n Moreover, no evidence was produced showing that the in-house counsel had a significant involvement in the arbitral proceedings; rather an external law firm had been retained for the arbitration from the very beginning and prior to the appointment of the arbitrator. [...]the Supreme Court noted that the law firm in question is large enough that the arbitrator may not even have been aware of this coincidence.
ISSN:1074-8105
2573-606X