November 2008
By:
Nick Miles
London associate Nick Miles published an article in Insurance Day outlining the recent decision in Youell v. La Reunion Aerienne and Others, which illustrates the trend of European rules about the power of courts to hear a dispute grwoing resilient to the fact that litigatints may have submitted the dispute in arbitration.
From the article:
Historically, English courts actively upheld parties' freedom to submit to arbitration. They furthered this goal in part by granting injunctions restraining proceedings overseas (including eslewhere in Europe) that are in breach of an arbitration clause.
Recent developments indicate European rules may impede the primacy of arbitration exemplified by that approach. Europan courts can retain jurisdiction over disputes in spite of submission to arbitration and anti-suit injunctions in such cases may be impermissible.