Professor Hess is the author of the chapter of the Heidelberg Report on the interplay between arbitration and the Regulation 44/2001 (“the Regulation”). As such, and quite understandably, he actively promotes the suggestion that the arbitration exception should be deleted from the Regulation.
The Heidelberg proposal has been followed by a Green Paper of the European [...] read more »
Archive for the 'Seat of the arbitration' Category
« Circulez, il n’y a rien à voir ! ». A Response to Professor Hess
When is the ‘Venue’ of an Arbitration its ‘Seat’?
The seat of an arbitration is a crucial factor. It determines the lex arbitri and the courts with supervisory jurisdiction over the arbitration.
The important consequences of the seat require parties to choose the seat carefully. Cases where no seat is chosen by the parties are not uncommon. The English High Court in Shashoua v Sharma [...] read more »
When is Court Interference in Arbitration Proceedings Expropriatory?
It is well accepted that state responsibility arises under international law for denial of justice. This might occur, for example, where a state court abuses its supervisory function over an international arbitration. In the investment treaty context, a denial of justice by host state courts would normally lead to a fairly straight forward [...] read more »
The Regulation of International Arbitration by European Law: What Does the Future Hold?
The relationship between Arbitration and European Judicial Private Law has not always been easy. The bedrock European Law principle in this field, as embedded in the European Council Regulation (EC) No. 44/2001 of December 22, 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (“the Judgment Regulation”), is the [...] read more »
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