Gazprom OAO v Lietuvos Republika: a Victory for Arbitration?

• Autores: Eva Storskrubb
• Localización: European law review, ISSN 0307-5400, Nº 4, 2016, págs. 578-589
• Idioma: inglés
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• Resumen

  • The long-awaited ruling in Gazprom deals with the complex intersection between arbitration and the Brussels I Regulation, the flagship regulation of EU civil justice. The much-debated reform of the Regulation and in particular its "arbitration exclusion" following the judgment of the Court of Justice in West Tankers, relating to anti-suit injunctions in support of arbitration, formed the backdrop to the ruling in Gazprom. The Court reaffirmed the judgment in West Tankers and confirmed that anti-suit injunctions are contrary to the mutual trust between courts in the EU. However, the circumstances in Gazprom, an arbitral award including an order prohibiting a party from bringing certain claims in court, did not fall within the scope of the Brussels I Regulation. Thus the ruling can be seen as a small victory for arbitration.