The interface of the Brussels I Regulation with arbitration proceedings : revision of Brussels I

The paper's aim is to convey an understanding of the complex interface between the Brussels I Regulation and arbitration and to analyse and evaluate possible ways to improve their interaction. In doing so, it gives at first a brief overview about the history and the scope of the Brussels I Regulation and about the laws most important to arbitration. Moreover, the reasons behind the exclusion of arbitration from the Brussels I Regulation will be explained. Following, the paper points out the interface between the two fields and illustrates the problems which occur in this context and how the courts and academia have responded. The proposed changes from the Heidelberg Report on the Green Paper to the recently published Proposal will be introduced and finally evaluated. The paper will end with a concrete suggestion on how the Brussels I Regulation should be amended in order to keep the attractiveness of the EU countries as a place of arbitration.

Grantor dc:publisher.institution

Department of Public Law

Year dc:date.issued

2011

Author dc:creator

• Van Enzberg, Donata

Advisor dc:contributor.advisor

• Kruger, Thalia

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/14065

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/14065