The essay on arbitration exclusion in Brussles I Recast written by Tomasz Kozlowski Ph.D. has been published in Radca Prawny Zeszyty Naukowe 1/2016. The article is in Polish, and the English abstract reads:
The regulation of the exclusion of arbitration from the scope of the Brussels I Regulation has been one of the most controversial issues during the enactment of the Recast. It has also been subject of interesting judgments of the Court of Justice. This Article aims to summarize the most significant of those cases touching the interface between the EU jurisdictional rules and the arbitration. It also attempts to assess in how far the regulation in the Recast is coherent with the case law and if it has the potential to change the line of jurisprudence. It concludes with a view that lack of basing the judgment in the Gazprom case on the effet utile rule, as it seems to had been the case in West Tankers, seems to be more in line with the compromise regulation of the arbitration exception in Brussels I than in West Tankers. Regardless if one agrees with West Tankers concept or not, it is worth noting that it does not seem to be continued in the Gazprom case.
The full publication is available at http://kirp.pl/publikacja/radca-prawny-zeszyty-naukowe-nr-162016/ and the article is accessible here.
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