|Appears in Collections:||Law and Philosophy Book Chapters and Sections|
|Title:||Fairy is back - have you got your wand ready?|
|Citation:||Yu H (2015) Fairy is back - have you got your wand ready?. In: Stone P, Farah Y (ed.). Research Handbook on EU Private International Law. Research Handbooks in European Law series, London: Edward Elgar Publishing Ltd, pp. 68-115.|
|Publisher:||Edward Elgar Publishing Ltd|
|Series/Report no.:||Research Handbooks in European Law series|
|Abstract:||First paragraph: In relation to international commercial arbitration, the exclusion of arbitration from the scope of application of the new Regulation (EU) No. 1215/2012, of the European Parliament and the Council of 12 December 2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (hereinafter the Regulation), in Article 1(2)(d) re-defines the litigation tactics for this popular method of dispute resolution dealing with cross-border disputes, especially in terms of anti-suit injunctions. This provision is in consonance with the European Court’s West Tankers decision, which not only forces English courts to stop their over-zealous willingness to grant an anti-suit injunction across borders but also has sent the issue of anti-suit injunction back to the battle-field.|
|Rights:||This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. Publisher policy allows this work to be made available in this repository. Published in Research Handbook on EU Private International Law (ed. by Peter Stone and Youseph Farah), copyright Edward Elgar Publishing. The original publication is available at: http://www.e-elgar.com/shop/research-handbook-on-eu-private-international-law The only uses of this work permitted are private study or research.|
|Type:||Part of book or chapter of book|
|Stone and Farah - Chapter 3(1).pdf||351.75 kB||Adobe PDF||Under Embargo until 1/1/2017 Request a copy|
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