The following Arbitration Q&A provides comprehensive and up to date legal information covering:
European orders for payment (EOPs) were introduced through Regulation (EC) No 1896/2006 (the Regulation). EOPs are a means by which a claimant can seek payment from a defendant for an uncontested specific money claim without having to initiate court proceedings.
The Regulation (EC) No 1896/2006 does not contain an express exception for arbitration unlike, for example, Brussels I (Regulation (EC) 44/2001) or the Brussels I (recast) (Regulation (EC)1215/2012).
Article 2(1) of the Regulation provides that it applies to civil and commercial matters in cross-border cases, irrespective of the nature of the court or tribunal (note: tribunal is not defined, although court is). Certain exclusions are expressed, however arbitration is not expressed.
It would therefore appear that EOPs may apply even where the underlying contract contains an arbitration clause.
The procedure for an EOP in England and Wales is, in part, set out in CPR 78 and its practice direction, CPR PD 78. It is also important to refer to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.