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ARTICLE · 12 OCTOBER 2018

Anti-Suit Injunctions Within The EU – The Past, Present And Post-Brexit Future

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The High Court decision in Nori Holding Ltd v PJSC BOFC has confirmed that there is nothing in the Recast Brussels Regulation to cast doubt on the continuing validity of the ECJ (now CJEU) decision in West Tankers.

United KingdomLitigation, Mediation & Arbitration
Lindsey Clegg
Lindsey Clegg

The High Court decision in Nori Holding Ltd v PJSC BOFC has confirmed that there is nothing in the Recast Brussels Regulation to cast doubt on the continuing validity of the ECJ (now CJEU) decision in West Tankers. The English Courts will not grant an anti-suit injunction restraining court proceedings commenced in another EU Member State in breach of the terms of an arbitration agreement between the parties.

There had been a degree of uncertainty since the Opinion of Advocate General Wathelet in Gazprom, in which the AG had suggested that West Tankers, the leading decision on the question, would no longer apply following the coming into force of the Recast Brussels Regulation in 2015.

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