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Court of Justice—time for the EU to decide its direction of travel on commercial arbitration (The Prestige aka London Steam-Ship Owners’ Mutual Insurance Association Limited v Spain)

Published on: 29 June 2022
Published by: LexisNexis
  • Court of Justice—time for the EU to decide its direction of travel on commercial arbitration (The Prestige aka London Steam-Ship Owners’ Mutual Insurance Association Limited v Spain)

Article summary

Arbitration analysis: The Court of Justice considered the arbitration exception set out in Regulation (EC) 44/2001, Brussels I. The issue was whether a Spanish judgment could be recognised or enforced under the regulation given the existence of an irreconcilable judgment in the UK that had been entered in the terms of an arbitral award under section 66 of Arbitration Act 1996. It was held that recognition and enforcement could not prevented. Geert Van Calster, independent legal practitioner, analyses the Court of Justice’s judgment. or take a trial to read the full analysis.

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