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Chapter 37 - Arbitration, The Brussels Convention And The Influence Of The European Convention On Human Rights - International Arbitration Law And Practice, Third Edition

Author(s): 
Mauro Rubino-Sammartano
Page Count: 
22 pages
Media Description: 
1 PDF Download
Published: 
January, 2014
Practice Areas: 
International Institutions and Rules,
Other International Institutions and Rules
Tags: 
European Court of Justice
Author Detail: 

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA.  Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Originally from International Arbitration Law and Practice, Third Edition

THE BRUSSELS CONVENTION

37.1. The Brussels Convention

37.1.1. The Exclusion of Arbitration from the

Brussels Rules

The Brussels Convention1 has excluded arbitration from its ambit:2

“The Convention shall not apply to ….arbitration.”

The subsequent Brussels I Regulation 44/20013 (which replaces the Brussels Convention for all its Member States, except for Denmark) did not amend this position.

The Lugano Convention4 followed the same approach.

The matter was the subject of two learned reports, one by Jenard,5 the other by Schlosser.6

Since then, the debated issue has been whether the Convention also excludes from its ambit court proceedings related to arbitration, including applications in aid of arbitration.

Table of Contents: 

CHAPTER 37: ARBITRATION, THE BRUSSELS CONVENTION AND THE INFLUENCE OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

The Brussels Convention
37.1 The Brussels Convention
37.1.1 The Exclusion of Arbitration from the Brussels Rules

The Ambit of the Arbitration Exception
37.1.2 Referral by Arbitrators of Preliminary Issues to the European Court of Justice
37.1.3 The European Court of Justice as Arbitrator

EC Competition Law and Arbitration
37.2 EC Competition Law and Arbitration
37.2.1 Disputes Capable of Arbitration
37.2.2 Foreign Applicable Substantive Law and EU Competition Law
37.2.3 The Strict Approach
37.2.4 A More Recent Approach
37.2.5 Public Policy Nature of Articles 85-86 Rome Treaty
37.2.6 Applicability of EC Law by the Arbitral Tribunal of Its Own Initiative
37.2.7 Arbitral Precedents
37.2.8 Court Precedents

Consumers Protection
37.3 Directive 93/13 EC, Consumers’ Protection and Arbitration

The Convention on Human Rights
37.4 The Influence of the European Convention on Human Rights