International Commercial Arbitration: Allocation of Competence between Municipal Courts and Arbitral Tribunals under Article II(3) of the 1958 NY Convention and Anti-Suit Injunctions under Brussels I (Recast) and Gazprom OAO
Article from: TDM 6 (2015), in International Oil & Gas Arbitration
Abstract
This article addresses two related issues: (1) the gateway question of International Commercial Arbitration: who, national courts or arbitral tribunals, has primary competence to decide whether parties have entered into an internationally cognizable arbitration agreement, and (2) anti-suit injunctions under the revised European Union Regulation. The uncertainty, for the first issue, stems from the legal status accorded to Article II(3) of the New York Convention on the recognition and enforcement of foreign arbitral awards of 1958 [1958 NYC or Convention]. Article II(3) obliges Courts of ...
