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:
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.
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.
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 (EU) 1215/2012, Brussels I (recast). This provides that the regulation does not affect the application of the 1958 New York Convention. This may have been the position under Article 71(1) of Regulation (EC) 44/2001, Brussels I, but it is nonetheless helpful for this matter to have been
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