In its judgment in Gazprom case, the European Court of Justice (“ECJ”) held inter alia that an antisuit injunction issued by an arbitral tribunal prohibiting a party from bringing certain claims before a court of a Member State, is not covered by the EU Regulation 44/2001 -(i.e. which is now replaced by EU Regulation 1215/2012)- and it’s up to the national courts of each Member State, whether such an award may be recognized and enforced under its own national laws and the New York Convention.
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