The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note looks at the exclusion of arbitration from the scope of Brussels I. In doing so it looks at the exclusion, the interplay between arbitration agreements and court jurisdiction as well as the proposed changes to the exclusion.
Note: on 10 January 2015 Brussels I was repealed in its entirety and replaced by Brussels I (recast). However, there are transitional arrangements. For information on those arrangements and whether Brussels I provisions still apply to the matter you are dealing with, see Practice Note: Brussels I (recast)—application and exclusions.
If a court gives judgment that it has jurisdiction to hear a dispute, is that judgment binding on the court of a Member State in subsequent arbitration proceedings? In other words, does it create an issue estoppel preventing the English court from determining the same question?
This was considered by the Court of Appeal in National Navigation. It held that such a judgment is binding; to hold otherwise would be contrary to the ECJ ruling in West Tankers (paras 51 - 56). In
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