The West Tankers judgment is still “good law” after the recast of Brussels I Regulation?

Marco Lopez de Gonzalo, partner of Studio Legale Mordiglia, published an article on the recent Nori Holdings v. Bank Otkritie case, regarding the role of the anti-suit injunctions as protection of arbitration proceedings, raised before English courts for the first time after the entry into force of Regulation (EU) n. 1215/2012. In fact, with the introduction of the aforementioned Regulation, and in particular with its recital 12, we were led to wonder if something had changed in the context of the exclusion of the arbitration pursuant to art. 1.2.b), with reference to the admissibility of anti-suit injunctions, so as to question again the conclusions reached in this regard by the Court of Justice with the West Tankers judgment, issued when the previous Regulation 44/2001 was in force. With the sentence “Nori Holdings”, Mr. Lopez highlighted in his article how the English High Court has nevertheless confirmed what was held in the “West Tankers” judgment, empathizing the essential steps, including in particular the fundamental principle of mutual trust between the jurisdictions of the Member States, stating that the West Tankers judgment “remains an authoritative statement of EU law”.