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Title: Fairy is back - have you got your wand ready?
Author(s): Yu, Hong-Lin
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Editor(s): Stone, P
Farah, Y
Citation: Yu H (2015) Fairy is back - have you got your wand ready?. In: Stone P & Farah Y (eds.) Research Handbook on EU Private International Law. Research Handbooks in European Law series. London: Edward Elgar Publishing Ltd, pp. 68-115.
Issue Date: 2015
Date Deposited: 5-Oct-2016
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.
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