Jurisdiction to Grant Interim Measures in Support of Arbitration: The Influence of European Law

University of Luxembourg Law Working Paper No. 2020-016

Yearbook of Private International Law, Volume 21 (2019/2020), pp. 217-231

11 Pages Posted: 11 Sep 2020

See all articles by Gilles Cuniberti

Gilles Cuniberti

University of Luxembourg; Universite du Luxembourg - Faculty of Law, Economics and Finance

Date Written: July 3, 2020

Abstract

Despite the exclusion of arbitration from the European law of jurisdiction and judgments (Brussels I bis Regulation, Lugano Convention), the European Court of Justice has ruled in the Van Uden case that the jurisdiction of the courts of the Member or contracting States to grant at least certain interim measures in aid of arbitration is governed by these European instruments. This Article explores the consequences of the application of European law on the power of courts to grant such measures and in particular defines the scope of European law in this respect and the limitations that it establishes on the jurisdiction of the courts of the relevant European states.

Keywords: Arbitration, Interim Measures, Jurisdiction, Brussels Ibis Regulation, Lugano Convention

Suggested Citation

Cuniberti, Gilles and Cuniberti, Gilles, Jurisdiction to Grant Interim Measures in Support of Arbitration: The Influence of European Law (July 3, 2020). University of Luxembourg Law Working Paper No. 2020-016, Yearbook of Private International Law, Volume 21 (2019/2020), pp. 217-231, Available at SSRN: https://ssrn.com/abstract=3642529 or http://dx.doi.org/10.2139/ssrn.3642529

Gilles Cuniberti (Contact Author)

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

4 rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

University of Luxembourg ( email )

Faculté de Droit
4, rue Alphonse Weicker
Luxembourg, 2721
Luxembourg

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