Arbitral Anti-Suit Measures: Implications of Mutual Trust

نویسندگان

چکیده

Abstract Arbitration is a legal promise between the contracting parties, and they should hold their promises. If there any breach of that or attempt to breach, violating party bear outcomes. Upon an arbitration agreement, remedies become more crucial than ever refrain other from commencing parallel court proceedings. Together with stay damages, seeking effective remedy may benefit anti-suit injunction issued by either tribunal. This paper examines application perspectives mutual trust principle arbitral proceedings while speculating upon measures granted The discussions particularly highlight rebirth issue in EU following Gazprom case relevance/irrelevance latter West Tankers scenario. Considering reasonings respective cases, emphasizes uncertainty about effectiveness injunctions enforcement. identifying major normative gaps shortcomings created essence existing rules, reveals possible practical complexities likely ineffectiveness such measures. findings suggest uncertainties might be ultimately resolved revisions law which are on horizon reassessment cjeu revision Brussels Recast Regulation taking scrutiny judgment. At this juncture, will briefly delve into impact Brexit support its implications for rules practice changing landscape.

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ژورنال

عنوان ژورنال: The Italian review of international and comparative law

سال: 2023

ISSN: ['2772-5642', '2772-5650']

DOI: https://doi.org/10.1163/27725650-03010002