Tutelas inibitórias ordenadas por tribunais arbitrais

Translated title of the contribution: Anti-suit injunctions issued by arbitral courts

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Abstract

The essay examines the scenario of arbitration and parallel proceedings, in particular, whether the arbitral tribunal has the authority to issue an anti-suit injunction when the party iniciates or continues proceedings before other courts in violation of the arbitration agreement. To solve this problem, two legal families will be combined, common law and civil law. As well the case-law of the Court of Justice of the European Union, in particular the recent Gazprom case, where a court in a Member State has requested to the European Court to give a preliminary ruling on the interpretation of European Union law and Regulation n.º 44/2001, which could result in a contribution to the standardization of European Union law in all Member States.
Translated title of the contributionAnti-suit injunctions issued by arbitral courts
Original languagePortuguese
Pages (from-to)43-61
Number of pages19
JournalIus Dictum
Issue number3
Publication statusPublished - Jan 2021
Externally publishedYes

Keywords

  • Arbitration
  • Anti-suit injunction
  • Parallel proceedings
  • West tankers case
  • Gazprom case
  • European Union

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