Recasting the arbitration exception?

A new era for the European jurisdiction regime began this month. The Brussels I (recast), also known by its less pithy, formal title, Regulation (EU) No 1215/2012 “on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)”, partially entered into force on 10 January 2013 and became fully applicable on 10 January 2015.

The aims of the Brussels I (recast) are to provide unified rules on conflicts of jurisdiction in civil and commercial matters and to ensure the rapid recognition and enforcement of judgments given in member states (recital 4). While the Brussels I (recast) makes significant and welcome changes across the existing regime (which it replaces in full), this article focuses on particular aspects of the Regulation’s impact on arbitration.

The established exception

The Brussels I (recast) preserves the well-established arbitration “exception” to the otherwise wide-ranging effects of the Regulation (Art 1(2)(d)).

The exception exists principally because the cross-border recognition and enforcement of arbitral