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West Tankers Inc v Allianz SpA (formerly known as Riunione Adriatica Sicurta), Generali Assicurazioni Generali SpA

Subject: Arbitration Other related subjects: Shipping; European Union

Keywords: Anti-suit injunctions; Arbitral tribunals; Arbitration; Charterparties; Insurance contracts; Jurisdiction; Principle of effectiveness

Summary: An arbitral tribunal had not been deprived of jurisdiction to award equitable damages for breach of an obligation to arbitrate by virtue of a decision of the ECJ that an anti-suit injunction restraining proceedings in an Italian court on the basis they were contrary to an arbitration agreement was incompatible with Regulation 44/2001.

Stephen Males QC and Sara Masters QC acted for the Respondents (instructed by MFB)