International Commercial Arbitration in the European Union: Brussels I, Brexit and Beyond

Author: Chukwudi Ojiegbe
Publisher: Edward Elgar Publishing
ISBN: 9781800375420
Published In: November 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields.

Ojiegbe reviews a plethora of key aspects of the law that will encounter the aftermath Brexit, focusing on the implications of the mutual trust principle and the consequences for the EU exclusive competence in aspects of international commercial arbitration. He explores the principles of anti-suit injunction and other mechanisms that may be deployed by national courts and arbitral tribunals to prevent parallel court and arbitration proceedings. Advancing academic debate on the EU arbitration/litigation interface, this book suggests innovative solutions to alleviate this longstanding and seemingly intractable issue.

Arriving at a time of legal uncertainty, this book offers crucial guidance for policymakers and lawyers dealing with the interaction of court litigation and international commercial arbitration in the EU, as well as academics and researchers studying contemporary EU and commercial law.

1. Introduction

2. Brexit and the principle of mutual trust in the EU

3. The scope of the arbitration exclusion under the Brussels I Regime

4. Parallel court/arbitration proceedings

5. Recasting the Brussels I Regulation

6. External competence of the EU

7. Regulation (EU) No 1215/2012 (Brussels I Recast)

8. General conclusion

Bibliography

Index