The European Commission’s Green Paper On Judgments Regulation

14/06/2010
Extract of a Seminar on International Commerical Arbitration Delivered by Hefin Rees on 13th May 2010.
  1. On 21 April 2009 the European Commission published its report on the Judgments Regulation[1] together with a Green Paper[2] introducing a consultation on the relationship between the Judgements Regulation and arbitration. The Green Paper raises the question as to whether arbitration should be brought within the scope of the Judgments Regulation and suggests a deletion of the exclusion of arbitration from its scope.
  2. Section 7 of the Green Paper addresses the issue of the integration of international arbitration in the scope of the Brussels 1 Regulation. The European Commission considers that its proposal would allow for more standard recognition and enforcement of arbitral awards as well as extending the reach of the provisional and conservatory measures that may be awarded by a court assisting the arbitral process.
  3. This Green Paper has been criticised by many practitioners as being incompatible with the NYC, and it now appears that the European Commission will not engage in a risky overhaul of a system of enforcement under the NYC that is already working well within Europe.

Click here to read Recognition and Enforcement of International Commercial Arbitration Awards

References

[1] Report on the application of Regulation 44/2001 COM (2009) 174.

[2] Green Paper on the review of Regulation 44/2001

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