Validity of Arbitration Agreements, Court Referral to Arbitration and FAA § 206, Comity, Anti-Suit Injunctions Worldwide and Their Effects in the E.U. Before and After the New E.U. Regulation 1215/2012 - ARIA Vol. 24, No. 3, 2013

Author(s): 

Guido Carducci

Page Count: 

34 pages

Media Description: 

1 PDF Download

Published: 

December, 2013

Subscribe to download

PDF221.05 KB

$40.00

Add to cart

Description: 

Originally from American Review of International Arbitration - ARIA

Preview Page

 

1. Signatories to arbitration agreements frequently face the risk of noncompliance

by one or more of the signatories. This risk is higher in international

arbitration as the international character of the dispute increases the number of

available fora and enables the defaulting signatory(ies) to seek a forum in one or

more foreign jurisdictions.1 Obtaining an anti-suit injunction by a court is a

powerful means to put pressure on the defaulting signatory and avoid the

commencement or continuation of proceedings before another court, in breach of

the arbitration agreement. Anti-suit injunctions may support either international

arbitration or court litigation depending on whether they address a breach of an

arbitration agreement or of a choice-of-court clause.

 

2. This article deals with the following issues:

a. court-ordered anti-suit injunctions issued worldwide in support of

international arbitration (Section I);2

b. validity of the arbitration agreement and issuance of anti-suit injunctions

internationally (Section II);

c. validity and enforcement of the arbitration agreement and court referral

to arbitration (Section III);

d. well-informed decisions as to the issuance of an anti-suit injunction

internationally and comity considerations (Section IV);

e. the effects of such anti-suit injunctions before the courts of E.U. Member

States under E.U. law, both currently (Section V), and after the entry into

force from January 10, 2015 of the new E.U. Regulation 1215/2012 of

December 12, 2012 on Jurisdiction and the Recognition and Enforcement

of Judgments in Civil and Commercial Matters (“Regulation 1215/2012”

or “new Regulation”) (Section VI). The new Regulation is examined here

only from the perspective of anti-suit injunctions. In another article, the

author examines the entire contribution of E.U. Regulation 1215/2012 of