The Regulation of International Arbitration by European Law: What Does the...
The relationship between Arbitration and European Judicial Private Law has not always been easy. The bedrock European Law principle in this field, as embedded in the European Council Regulation (EC)...
View ArticleEnglish Court Retains Jurisdiction Notwithstanding French Arbitration Clause
In the recent decision in Youell v La Reunion Aerienne [2009] EWCA Civ 175 the English Court of Appeal applied the ECJ decision in West Tankers and upheld a Commercial Court decision holding that the...
View ArticleThe Relationship Between Enforcing Judgments and Denial of Justice Claims?
My colleague Trey Childress has a nice summary of the recent decision by a federal court in Florida in Osorio v. Dole Food Company to refuse to enforce a $97 million Nicaraguan judgment. Here’s the key...
View Article« Circulez, il n’y a rien à voir ! ». A Response to Professor Hess
Professor Hess is the author of the chapter of the Heidelberg Report on the interplay between arbitration and the Regulation 44/2001 (“the Regulation”). As such, and quite understandably, he actively...
View ArticleSome additional comments on the (now amended) Heidelberg Report: A reply to...
I am grateful to Professor Hess for his comments on my 3 March 2010 blog. It greatly contributes to advancing the debate. However, it also perfectly illustrates the difficulties of a proposition – the...
View ArticleBarring the Courthouse Door? Anti-Suit Injunctions in International Arbitration
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...
View ArticleAre a Bilateral Investment Treaty Arbitration and a Proceeding Before the...
Although a bilateral investment treaty (“BIT”) arbitration and an application made before the European Court of Human Rights (“the Court”) could, at first glance, present opposite objectives, investors...
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