Publication details

Deletion of the Arbitration Exception in the Regulation Brussels I - The Way Towards the European Regulation of Arbitration?

Authors

DRLIČKOVÁ Klára

Year of publication 2011
Type Article in Proceedings
Conference Harmonization and Unification of Law in the European Context
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords Regulation Brussels I; Arbitration; West Tankers; Green Pape
Description The revision of the Regulation Brussels I is taking place in these days. One of the proposed changes is the deletion of the arbitration exception. The purpose of this deletion is to cover the court proceedings relating to arbitration. Green Paper on the Review of the Regulation issued by the Commission last year calls for a broad scope of the Regulation in the area of arbitration. This paper analyzes the potential impact of deletion of arbitration exception on particular aspects of arbitration. First, the current application of the arbitration exception is briefly reviewed. The decision of the ECJ in West Tankers case is not omitted, as this decision is considered as crucial in this area. The contribution then deals with the Commission's proposals contained in the Green Paper and their possible impact on arbitration regulation in the EU.

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