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International Commercial Arbitration and the Brussels I Regulation

Louise Hauberg Wilhelmsen, Senior Legal Advisor, Danish Ministry of Justice, Denmark
The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.
Extent: 288 pp
Hardback Price: $199.95 Web: $179.96
Publication Date: 2018
ISBN: 978 1 78811 504 9
Availability: In Stock
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  • Law - Academic
  • Arbitration and Dispute Resolution
  • Commercial Law
  • European Law
  • International Commercial Law
  • Law - Professional
  • Commercial Law
  • Arbitration, Litigation, Dispute Resolution
This new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration.

The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements.

The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states.

Key features of this book include:

• Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration

• Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions

• Guidance on how these tactics are addressed in national and international law

• Assessment of the EU, international and national laws that apply to these tactics.

Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.
‘The book by Dr Wilhelmsen is invaluable reading for everyone faced with the complex issue that is the regulation of international commercial arbitration with the EU and the consequences of the interference between the Brussels I Regulation and international commercial arbitration. The importance of this monograph is rooted not only in the significance of the questions it examines but also in the approach it takes, namely examining the interplay between EU, international and national laws of four EU jurisdictions (Sweden, Germany, England and France) and the conclusions it reaches.’
– Petya Koycheva, International Company and Commercial Law Review
Contents: 1. International Commercial Arbitration in the EU – An Introduction 2. The Interface between the Recast Brussels I Regulation and International Commercial Arbitration 3. The Consequences of the Interface between the Recast Brussels I Regulation and International Commercial Arbitration 4. The Existence and Validity of Arbitration Agreements 5. The Arbitrability of a Dispute 6. Parallel Proceedings 7. Conflicting Decisions 8. Summary and Conclusions Index