In accordance with article 1.2.d of Regulation 1215/2012, known as the Brussels Regulation 1 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 heard by both arbitrators and courts. A successive number of the Court of Justice of the European Union judgments, sometimes clear and other times not as much, created the case law on which lawyers have based their cases and which commentators have used to construe the legal framework. Recital 12 of the Regulation could have shed light on the matter but commentators do not concur on some basic issues. This article intends to clarify the current status of the matter.
Arbitration and the Brussels Regulation 1 Recast, Anti-Suit Injunctions and now… Brexit
Written on 28 Nov 2016