WEST TANKERS, THE HEIDELBERG REPORT AND THE PRINCIPLE OF COMPETENCE-COMPETENCE
WEST TANKERS, THE HEIDELBERG REPORT AND THE PRINCIPLE OF COMPETENCE-COMPETENCE

Summary/Abstract: The West Tankers case of the European Court of Justice has already been extensively discussed in connection with the feasibility of English anti-suit injunction. The importance of the judgment however goes much further. By condemning the English court’s anti-suit injunction, it strikes a blow on the fine tuned relationship between arbitral tribunals and the courts and puts a finger on a soaring wound. The Heidelberg Report, which was issued before West Tankers was decided by the ECJ, touches on the same issue. It vigorously ignores the principle of competence competence. But it may nevertheless contain a solution to the problem which West Tankers made obvious. The article deals with the question whether or not the solution proposed by the Heidelberg Report would be an advancement and would further and promote arbitration as the primary tool for the resolution of international commercial disputes within the European Union.

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