Arbitration and the Brussels Convention
1993; Oxford University Press; Volume: 9; Issue: 1 Linguagem: Inglês
10.1093/arbitration/9.1.1
ISSN1875-8398
Autores Tópico(s)European and International Law Studies
ResumoTHE Marc Rich Case provided a first illustration of the possible interference between international arbitration and the Brussels Convention.1 However, the European Court of Justice was only called to rule upon specific issues and only found it necessary to answer one of the several questions submitted. The purpose of this article is to survey the possible interferences between arbitration and the Brussels Convention in a more systematic fashion, although it would be bold to pretend that the article is exhaustive.2 Moreover, some of the questions posed still do not lend themselves to definite answers.3 Arbitration was touched upon by the Treaty of Rome itself. Under Article 220, the member States undertook to enter into negotiations with a view to securing ‘the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts and tribunals and of arbitration awards’. During the implementation of this programme, two significant extensions took place; they are the source of most of the difficulties hereafter discussed. One bore on the scope of the proposed convention, which evolved from the ‘simplification of formalities’ to the formulation of substantive conditions for the recognition and enforcement of court judgments. The other extension was from the field of recognition to that of jurisdiction, with the laying down of common jurisdictional rules for the Contracting States' national courts. In the process, arbitration awards were left out of the scope of the Convention as stated in Article 1, para. 2: ‘The Convention shall not apply to: (…) (4) arbitration’.
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