The CJEU’s decision in Gazprom and anti-suit injunctions in the EU: Are we there yet?

Overview The decision of the Court of Justice of the European Union in Case C-536/13 Gazprom OAO v Lithuania handed down on 13 May 2015 (“Gazprom”) confirmed that anti-suit injunctions issued by arbitral tribunals do not fall foul of the Brussels I Regulation (EC Regulation No. 44/2001), thereby confirming and giving effect to the exclusion of arbitration from the scope of the Regulation. While the decision is a positive one for arbitral tribunals seated within the European Union, it does not expressly address what the consequences are (if any) under the Recast Brussels I Regulation (EU Regulation 1215/2012) for the previous landmark judgment of the European Court of Justice in 2009 in Case C-185/07 Allianz and Generali Assicurazioni Generali (“West Tankers”). In that case the ECJ held that where the court of one Member State issued an anti-suit injunction against proceedings to be commenced or continued in the courts of another Member State, such an anti-suit injunction would be incompatible with the Brussels I Regulation. It remains to be seen whether West Tankers will survive the Recast Regulation. Read more