Brussels I and Arbitration Revisited – The European Commission’s Proposal COM(2010) 748 final –

Rabel Journal of Comparative and International Private Law (RabelsZ), Vol. 75, No. 3, pp. 645-670, July 2011

DOI: 10.1628/003372511796351313

Max Planck Private Law Research Paper No. 11/6

27 Pages Posted: 9 Apr 2011 Last revised: 3 Mar 2013

See all articles by Martin Illmer

Martin Illmer

Max Planck Institute for Comparative and International Private Law

Date Written: March 28, 2011

Abstract

In December 2010, the European Commission presented its long-awaited proposal for a reformed Brussels I Regulation. One of the cornerstones of the proposal is the interface between the Regulation and arbitration. In the first part, the article sets out the development of the exclusion of arbitration from the Regulation's scope up to the West Tankers and National Navigation cases. In the second, main part, the author, who is a member of the Commission's Expert Group on the arbitration interface, provides a detailed account and evaluation of the new lis pendens-mechanism established by the Commission proposal in order to effectively prevent parallel proceedings in the arbitration context. In the third, final part, the author scrutinizes the Commission proposal against the background of the Commission's Impact Assessment before concluding with a short resumé.

This article is published in this Research Paper Series with the permission of the rights owner, Mohr Siebeck. Full-text Rabel Journal articles are available via pay-per-view or subscription at IngentaConnect, a provider of digital journals on the Internet.

Keywords: Arbitration, Brussels I, 44/2001, Brussels I Reform, COM(2010) 748, parallel proceedings, West Tankers

Suggested Citation

Illmer, Martin, Brussels I and Arbitration Revisited – The European Commission’s Proposal COM(2010) 748 final – (March 28, 2011). Rabel Journal of Comparative and International Private Law (RabelsZ), Vol. 75, No. 3, pp. 645-670, July 2011; DOI: 10.1628/003372511796351313; Max Planck Private Law Research Paper No. 11/6. Available at SSRN: https://ssrn.com/abstract=1804079

Martin Illmer (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

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