Mezinárodní civilní procesní právo v Evropské unii - vybrané otázky. Allianz SpA a další v West Tankers Inc.

Bartošková, Kristína

(EN) The aim of this thesis is to analyse a decision of the Court of Justice of the European Union ("ESD") in the case of Allianz SpA (formerly Riunione Adriatica Di Sicurta SpA) and Others v West Tankers Inc. ("West Tankers"), in which the Court ruled that an anti- suit injunction, issued to enforce an arbitration agreement, is incompatible with the Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("Brussels I Regulation"). The thesis is divided into eight chapters, whereas as to the methodology, a case study approach is applied. The first chapter is an introduction to the legal context of the dispute, with determination of the relevant law and legal concepts. The most important legal concept is the power to grant an anti-suit injunction, which could be defined as an order preventing a party from beginning or continuing to commence legal proceedings in another forum. The second chapter deals with the use of anti-suit injunctions by the English courts prior West Tankers decision with a special emphasis on its compatibility with the Brussels I Regulation. Also, we will introduce the abusive delaying tactics of "torpedo actions", as well as the problems caused by the interpretation of the arbitration exception...

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