Monday, January 19, 2015

EU: Gazprom Lithuania dispute referred to ECJ


On 10 October 2013, the Supreme Court of Lithuania made a preliminary reference to the Court of Justice of the European Union (ECJ) of the question whether an EU member state can refuse to enforce an arbitral award that contains an anti-suit injunction because it is inconsistent with the Brussels Regulation. On 4 December 2014, Advocate General Wathelet of the ECJ gave his opinion that the Brussels Regulation must be interpreted as not requiring an EU member state court to refuse to recognise and enforce an anti-suit injunction issued by an arbitral tribunal. In his view, recognition and enforcement fell exclusively within the scope of the New York Convention
 

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