12Jul2010
European Parliament Committee Expresses Views on Arbitration and Court Jurisdiction
The discussion on the position of arbitration in the Brussels Jurisdiction and Enforcement Regulation (Regulation 44/ 2001) has now reached the Committee on Legal Affairs of the European Parliament.
Just to remind those less familiar with the issue: the present Regulation, as well as the preceding Jurisdiction Convention, allowed courts in EU countries to assume jurisdiction over a contract in spite of an arbitration clause whenever that court decided that the arbitration clause, although binding under the law of the contract and the law of the seat of arbitration, was invalid under its domestic law. They can do so because Art. II of the New York Convention, that obliges state courts to [...]
