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Can International Arbitration Remain Unaffected by EU Law? – Anti-Suit Injunctions and the Scope of the Arbitration ExceptionPohjankoski, Pekka
The European Court of Justice has recently ruled that under certain circumstances the validity of an arbitration agreement may be evaluated under the Brussels I Regulation by a court of an EU Member State. Moreover, the courts of the seat of arbitration may not issue so-called anti-suit injunctions to protect arbitration against court proceedings in breach of an arbitration agreement in another Member State. The article deals with the concept of anti-suit injunctions and the interface between international arbitration and EU law, with focus on the recent case law of the ECJ.Aihealueet
- HLR 2010/2