On 4 December 2014, the Advocate General (“AG”) of the CJEU handed down an opinion in the Gazprom case (C-536/13) which will surprise. The case concerns the compatibility with EU Regulation 44/2001 (the “Brussels I Regulation”) of an anti-suit award made by an EU seated arbitral tribunal against EU court proceedings elsewhere. In approving this,…

By Maxi Scherer and Sophia Lange On 26 September 2012, the French Cour de Cassation handed down a judgment in the Rothschild case which invalidated a unilateral jurisdictional clause under Council Regulation (EC) No 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the “Brussels…

By Alessandro Villani and Manuela Caccialanza One of the more debated issues in the process of the implementation and review of Regulation No. 44/2001 (“Brussels Regulation”) was the general exclusion of arbitration from the matters covered by the Brussels Regulation. The debate about the opportunity to mitigate such exclusion arises from the subsequent difficulty in…

In Part I of my post, the revised “Brussels I” Regulation (Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) was discussed in the light of a hypothetical example from international trade and arbitration. This Part 2 strives to outline the…

Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 (published in the Official Journal of the European Union on 20 December 2012) implements a new, recast version of the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in…

One purpose for anti-suit injunctions is to stop parallel proceedings, that is, to stop parties from pursuing litigation or arbitration involving the same parties and the same claims in two different jurisdictions simultaneously. To stop parallel proceedings in arbitration, a party will go to the court at the seat of the arbitration and will ask…

The discussion on the position of arbitration in the Brussels Jurisdiction and Enforcement Regulation (Regulation 44/ 2001) has now reached the Committee on Legal Affairs of the European Parliament. Just to remind those less familiar with the issue: the present Regulation, as well as the preceding Jurisdiction Convention, allowed courts in EU countries to assume…