AG’s Opinion: EU Law Precludes Anti-Suit Injunctions In Aid Of Arbitrations

Advocate General opinion deals blow to anti-suit injunctions to restrain court proceedings in EU in breach of the arbitration agreement and holds that arbitral tribunals and the supervisory court do not have exclusive jurisdiction to determine the validity of arbitration agreements.

The Advocate General of Germany (" the AG") has issued her much-awaited opinion in the West Tankers case currently before the European Court of Justice ("the ECJ") (Allianz SpA and Others v West Tankers Inc Case C- 185/07). She has found that EC Regulation No 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters ("the Regulation") precludes a court of a Member State from restraining a person by injunction from commencing or continuing proceedings before the courts of another Member State because, in the opinion of the restraining court, such proceedings are in breach of