In accordance with article 1.2.d of the Regulation 1215/2012, known as Brussels I Regulation Recast, the Regulation shall not apply to arbitration. Nevertheless, the interference between arbitration and ordinary jurisdiction is undeniable as there are matters such as interim measures or even the nullity of the arbitration clause that can be herd both by arbitrators or courts. A successive number of the Court of Justice of the European Union judgments, sometimes clear and other times not that clear, had created the case law on which lawyers have based for their cases and commentators have used to construe the legal framework. Recital 12 of the Regulation could have shed light on the matter but commentators do not coincide on some basic issues. This article intends to clarify what the current status of the matter is.
El Arbitraje y el Reglamento Bruselas 1 Refundido, las Anti-Suit-Injunctions, y ahora… el Brexit
Written on 28 Nov 2016