Arbitration’s status under EU law
The Commission is of the belief that the efficacy of arbitration agreements should be enhanced in order to give full effect to the will of the parties. According to the ECJ in the West Tankers decision, anti-suit injunctions for arbitration agreements are incompatible with the Brussels I Regulation so that they are no longer available so as to counter-attack a torpedo action brought before the courts of a Member State. Does the perplexing interference of courts in the whole arbitration process advance justice and effectiveness?