Q&As

Can you apply for a European order for payment where the underlying contract includes an arbitration clause?

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Published on LexisPSL on 27/03/2017

The following Arbitration Q&A provides comprehensive and up to date legal information covering:

  • Can you apply for a European order for payment where the underlying contract includes an arbitration clause?

Can you apply for a European order for payment where the underlying contract includes an arbitration clause?

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 the Regulation itself when applying for

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