Gazprom OAO v Lietuvos Republika: a victory for arbitration?

Publishers Abstract
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.

• Primary Source

Sweet and Maxwell: European Law Review http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=427&productid=6968

ESO: Background information: Judgment of the Court of Justice in Case C-185/07. Allianz SpA (formerly Riunione Adriatica di Sicurtà SpA) and Generali Assicurazioni Generali SpA v West Tankers Inc. http://www.europeansources.info/record/press-release-judgment-of-the-court-of-justice-in-case-c-185-07-allianz-spa-formerly-riunione-adriatica-di-sicurta-spa-and-generali-assicurazioni-generali-spa-v-west-tankers-inc/

ESO: Background Information: Judgment of the ECJ C-536/13 Gazprom OAO v Lietuvos Republika http://curia.europa.eu/juris/document/document.jsf?text=&docid=164260&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=818377

---