Part IV Procedural and Systemic Issues, 24 Arbitration
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- Jurisdiction under the Brussels-Lugano Regime — Foreign arbitral awards — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Brussels II Regulation — Jurisdiction under the Lugano Convention — Jurisdiction under the traditional rules
This chapter considers the impact of Brussels 2012 and Lugano 2007 on arbitration. It begins by discussing Brussels 2012, Article 1(2)(d) which states: ‘This Regulation shall not apply to ... arbitration’. The key word is ‘apply’. 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. The remainder of the chapter discusses the development of the law and the present law, covering the validity of an arbitration agreement, recognition of the judgment, court proceedings ancillary to arbitration, and recognition of judgments and awards.