Kessedjian on Arbitration and Brussels I


 Catherine Kessedjian, who teaches at the European College of Paris (University Paris 2), has published in the last issue of the French Revue de l’arbitrage an article on Arbitration and the Brussels I Regulation (Le Règlement 44/2001 et l’arbitrage).

The English abstract reads:

The arbitration exception in Regulation 44/2001 must not be altered in the future amended Regulation, at least until all questions posed by the relation between an arbitral proceeding and a judicial proceeding have been thoroughly reflected upon. This must be done, notably, bearing in mind the role of Europe as a favoured place of arbitration. In addition, the reform of 44/2001 may not be limited to intra-European cases but also deal with relations to Third States, hence an even more cautious approach to the matter is necessary. In that context, Europe should not act unilaterally, unless efforts are undertaken at a universal level and have failed. With this in mind, this paper discusses the questions which occur in practice.