Il caso West Tankers dopo la sentenza della Corte di giustizia: persa una battaglia, la guerra continua, al di qua e al di là della Manica

This essay is concerned with the West Tankers saga after the decision of the European Court of Justice, examining the different procedural means by which West Tankers tries, on the one hand, to sanction the alleged breach of the obligation to arbitrate by Allianz and Generali, on the other, to “neutralize” the effects of any future Italian judgment, declaring the liability of West Tankers vis-à-vis the insurers. The author focuses his attention particularly on the judgment of the English High Court, holding that an arbitral tribunal is not deprived, by reason of European law, of the jurisdiction to award damages for breach of the obligation to arbitrate, agreeing with such a decision, although for different reasons. The last part of the essay investigates which damages should be awarded to West Tankers, distinguishing on the basis of the different possible outcome of the Italian proceedings.