The following Dispute Resolution guidance note Produced in partnership with Andrew Rose and Edward Crossley of 4 Stone Buildings provides comprehensive and up to date legal information covering:
This Practice Note considers the impact on arbitration of the provisions within Regulation (EU) 1215/2012, Brussels I (recast) found in Article 1(2)(d) and recital 12. Setting out the provisions within recital 12, the Practice Note considers the changes that have been made to the previous provisions in the precursor to this regulation, Regulation (EC) 44/2001, Brussels I. It then provides a series of worked examples to show the practical impact of the changes when dealing with different scenarios which involve an arbitration.
The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit—jurisdiction. For links to relevant guidance on the effect of the UK leaving the EU without a deal when dealing with matters of jurisdiction, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.
Article 1(2)(d) of Regulation (EU) 1215/2012, Brussels I (recast) provides that the regulation does not apply to arbitration. This article contains identical wording, without alternation, to the precursor in Article 1(2)(d) of Regulation (EC) 44/2001, Brussels I. Article 1(2)(d) of Regulation (EU) 1215/2012, Brussels I (recast).
The only new substantive provision relevant to arbitration is found in Article 73(2) of Regulation
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