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
Date Written: July 3, 2020
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
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