Wyłączenie arbitrażu w Rozporządzeniu Bruksela I (wersja przekształcona) w kontekście środków tymczasowych i orzecznictwa
The exclusion of arbitration in Brussels I Recast in the context of interim measures and case-law of the Court of Justice

Summary/Abstract: The provisions excluding arbitration from the scope of the Brussels I Regulation have been one of the most controversial issues during the enactment of the Recast. They have also been the subject of a number of interesting judgments by the Court of Justice. This article aims to summarize the most significant of those cases, touching on the interface between the EU jurisdictional rules and arbitration. It also attempts to assess the degree to which the regulations of the Recast are consistent with case law and whether they have the potential to change the approach adopted in judicial decisions. It concludes by arguing the view that failure to base the judgment in the Gazprom case on the effet utile rule – unlike it appears to have been the case in West Tankers – seems to be more in line with the compromise regulations of the arbitration exemption in Brussels I than in West Tankers. Regardless of whether one agrees with the West Tankers concept, it is worth noting that it does not seem to be applied in the Gazprom case.

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