Originally from the American Review of International Arbitration, Vol. 29 No. 4

This article concerns the effect of the Brussels Recast Regulation (“Regulation”) on the remedies of (i) damages for breach of an arbitration agreement issued by a court and (ii) anti-suit injunctions and damages awards issued by an arbitral tribunal.  It first considers the Regulation’s effect on a court’s damages judgment. It then discusses the enforcement of anti-suit injunctions and damages awards issued by arbitral tribunals.  There are certain kinds of “West Tankers-type” judgments and orders that an English court can make as a result of proceedings to enforce an arbitral award.  These West Tankers-type judgments and orders have the same consequences on the mutual trust principle as the anti-suit injunction at issue in West Tankers itself.  However, the Regulation’s insistence that the enforcement of arbitral awards is beyond its scope renders it inept to address such West Tankers-type judgments and orders.  Finally, this article discusses how the Brussels regime could resolve this issue.