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Published on May 23rd, 2018 | by Olga Papadopoulou

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How Can We Tackle the Problem of Non-Binding Judgments as to the Validity of an International Arbitration Agreement within the Context of EU Law?

Kluwer Arbitration Blog

How Can We Tackle the Problem of Non-Binding Judgments as to the Validity of an International Arbitration Agreement within the Context of EU Law?

Julio-César Betancourt (University of Salamanca)/May 16, 2018

 The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 27 September 1968 was superseded by Council Regulation (EC) 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. The latter was subsequently repealed by Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Recast) (“the recast Regulation”).

The recast Regulation contains a new set of rules relating to the recognition and enforcement of judgments in civil and commercial matters within the Member States’ territory. Arbitration has always been excluded, not only from the scope of the Brussels Convention, but also from the scope of both Regulations. However, the so-called ‘arbitration exception’ and, especially, the question of whether or not a Member State’s court judgment on the validity of an arbitration agreement is binding on the rest of the courts of the Member States has, for all time, been the subject of a tortuous and lengthy saga.1)…

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