The availability of declaratory relief
The availability of declaratory relief
In spite of the unequivocal decision of the ECJ in The Front Comor [2009] 1 Lloyd’s Rep 413 that anti-suit injunctions are incompatible with the Regulation and fundamentally, the principle of mutual trust, the Court of Appeal in National Navigation Co v Endesa [2009] EWCA Civ has controversially opined that declarations of validity may be used as grounds for non-recognition of a foreign judgment where the declaration is given prior to the foreign court’s decision. This reading however is unlikely to be favourable in Europe, as declarations may now be seen as having the same adverse effect as anti-suit injunctions.
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Lavelle, Jennifer
cb75903c-c7fa-460f-b926-8f8bb6e72ffe
Merkin, Robert
24964178-6170-4380-afb8-984a2764e54a
2 March 2010
Lavelle, Jennifer
cb75903c-c7fa-460f-b926-8f8bb6e72ffe
Merkin, Robert
24964178-6170-4380-afb8-984a2764e54a
Lavelle, Jennifer
,
Merkin, Robert
(ed.)
(2010)
The availability of declaratory relief.
Arbitration Law Monthly, 10 (4), .
Abstract
In spite of the unequivocal decision of the ECJ in The Front Comor [2009] 1 Lloyd’s Rep 413 that anti-suit injunctions are incompatible with the Regulation and fundamentally, the principle of mutual trust, the Court of Appeal in National Navigation Co v Endesa [2009] EWCA Civ has controversially opined that declarations of validity may be used as grounds for non-recognition of a foreign judgment where the declaration is given prior to the foreign court’s decision. This reading however is unlikely to be favourable in Europe, as declarations may now be seen as having the same adverse effect as anti-suit injunctions.
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Lavelle_ALM_2010_Issue_4.pdf
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Published date: 2 March 2010
Identifiers
Local EPrints ID: 73489
URI: http://eprints.soton.ac.uk/id/eprint/73489
ISSN: 1472-9822
PURE UUID: 5e61b0cc-5aef-4164-a1af-621f25068370
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Date deposited: 16 Mar 2010
Last modified: 13 Mar 2024 22:05
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Contributors
Author:
Jennifer Lavelle
Editor:
Robert Merkin
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