Allianz SpA v West Tankers Inc. (Judgement, Case C-185/07)
Article from: TDM 1 (2009), in Case Comments & Awards
Allianz SpA (formerly Riunione Adriatica di Sicurtà SpA) and Generali Assicurazioni Generali SpA v West Tankers Inc.
Judgment of the Court of Justice in Case C-185/07 A COURT OF A MEMBER STATE MAY NOT MAKE AN ORDER TO RESTRAIN A PERSON FROM COMMENCING CIVIL PROCEEDINGS BEFORE A COURT OF ANOTHER MEMBER STATE, EVEN IF SUCH PROCEEDINGS MAY BE CONTRARY TO AN ARBITRATION AGREEMENT The New York Convention on arbitration[1] provides that a court, when seised of an action in a matter in respect of which the parties have made provision for arbitration, will, at the request of one of the parties, refer the parties to arbitration, unless it finds that the arbitration clause is ...