While
Advocate General Bot expressed his concern regarding the effects such an interpretation would have on the
conduct of transporters and customs officials in third states, the CJEU clearly did not find these issues relevant to its determination.
The
advocate -
general proceeded to state that his conclusion that anti-suit injunctions in support of arbitration are permitted by the Brussels I (recast) is supported by the fourth paragraph of recital 12, which states that the Regulation should not apply to an action or ancillary proceedings relating to, in particular, the
conduct of an arbitration procedure or any other aspects of such a procedures not to the recognition or enforcement of awards.