Hartley, Trevor C.
(2014)
The Brussels I Regulation and arbitration.
International and Comparative Law Quarterly, 63 (4).
pp. 843-866.
ISSN 0020-5893
Abstract
This article considers the effect of the Brussels I Regulation on the arbitration process in EU Member States. The Regulation says that it does not apply to arbitration, but it is unclear exactly what is excluded by this provision. The article first considers this question; it then discusses asset-freezing orders and antisuit injunctions in aid of arbitration and the granting of damages for bringing court proceedings before a court which, in the eyes of the court asked to grant the damages, ought not to hear the case. It finally discusses conflicts between judgments and arbitration awards.
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