24.01 This chapter is concerned, not with arbitration as such, but with the impact of Brussels 2012 and Lugano 20071 on arbitration.2 24.02 The starting point for any discussion on this topic must be Brussels 2012, Article 1(2)(d),3 henceforth referred to as the arbitration exclusion. It says, ‘This Regulation shall not apply to … arbitration.’4 The key word is apply.5 In the context, this means that Brussels 2012 does not purport to regulate arbitration. Its purpose is to regulate litigation—it ‘applies’ to that—but it does not ‘apply’ to arbitration. 24.03 The...
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