Le Anti-Suit Injunctions a supporto dell’arbitrato: da West Tankers a Gazprom

An anti-suit injunction is a means to support arbitration that may be issued either by courts or arbitrators. Since it refrains the party from pursuing judicial proceedings, the anti-suit injunction triggers certain problems of incompatibility with the Brussels I (recast) Regulation. As for judicial injunctions, the ECJ held in West Tankers that they flout the principle of mutual trust underpinning the Regulation as well as the right of access to the courts competent thereunder. It is debatable whether such drawbacks arise with regard to arbitral injunctions. In this respect, the Gazprom judgment contributes to shed light on the true relationship between arbitration and jurisdiction in the Brussels I (recast) Regulation perspective without overlooking the fundamental right of the party to challenge an arbitration agreement before a court