Are the Days of the “Italian Torpedo” Numbered?
Are the Days of the “Italian Torpedo” Numbered?

Author(s): Pavel Šidla
Subject(s): Civil Law, International Law, EU-Legislation
Published by: Masarykova univerzita nakladatelství
Keywords: Arbitration; Brussels I bis Regulation; Lis pendens Rule;
Summary/Abstract: The paper examines the interaction between arbitration and court proceedings from the perspective of European international procedural law and the phenomenon of the “Italian torpedo”. It deals mainly with two questions, namely what impact Brussels I bis Regulation will have on arbitrations in the EU, whether the “West Tankers’ case” was really decided wrongly, or rather, whether the CJEU had any other option, if we take the so called “Brussels’ effect” into consideration. Another important question this paper deals with is whether the “Italian torpedo” can be under Brussels I bis’ regime torpedoed, by allowing to enforce an award obtained in parallel arbitral proceedings and effectively “sidestep” the CJEU’s controversial decision in the West Tankers litigation, as it was the case in High Court’s decision in the West Tanker’s case.

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