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Trevor Hartley on Arbitration, the Brussels I Regulation and Brexit

Professor Trevor Hartley has just published an article on “Arbitration and the Brussels I Regulation – Before and After Brexit” in the Journal of Private International Law, 2021, issue 1. The article can be found in open access here: Arbitration and the Brussels I Regulation – Before and After Brexit. Its abstract reads as follows:

This article deals with the effect of the Brussels I Regulation on arbitration. This Regulation no longer applies in the UK, but the British Government has applied to join the Lugano Convention, which contains similar provisions. So the article also discusses the position under Lugano, paying particular attention to the differences between the two instruments. The main focus is on the problems that arise when the same dispute is subject to both arbitration and litigation. Possible mechanisms to resolve these problems – such as antisuit injunctions – are considered. The article also discusses other questions, such as freezing orders in support of arbitration.

The (negative) assessment by the European Commission on the accession of the UK to the Lugano Convention, published approximately at the same time as Professor Hartley’s article, can be found here: Assessment on the application of the United Kingdom of Great Britain and Northern Ireland to accede to the 2007 Lugano Convention.