Abstract
This article deals with the effect of the Brussels I Regulation on arbitration. This Regulation no longer applies in the UK, but the British Government has applied to join the Lugano Convention, which contains similar provisions. So the article also discusses the position under Lugano, paying particular attention to the differences between the two instruments. The main focus is on the problems that arise when the same dispute is subject to both arbitration and litigation. Possible mechanisms to resolve these problems – such as antisuit injunctions – are considered. The article also discusses other questions, such as freezing orders in support of arbitration.
Highlights
This article deals with the effect of the Brussels I Regulation on arbitration
This Regulation no longer applies in the UK, but the British Government has applied to join the Lugano Convention, which contains similar provisions
The UK has applied to join the Lugano Convention of 2007.2 As this was modelled on the Brussels Regulation of 2000,3 it is very similar to the Recast Brussels Regulation, but lacks its most recently added provisions
Summary
To cite this article: Trevor Hartley (2021) Arbitration and the Brussels I Regulation – Before and After Brexit, Journal of Private International Law, 17:1, 53-73, DOI: 10.1080/17441048.2021.1907942 To link to this article: https://doi.org/10.1080/17441048.2021.1907942 Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=rpil20 Journal of Private International Law, 2021 Vol 17, No 1, 53–73, https://doi.org/10.1080/17441048.2021.1907942
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