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1 results

  • RECITAL 12 OF THE RECAST REGULATION: A NEW HOPE?

  • Simon P Camilleri
  • Journal:
    International & Comparative Law Quarterly / Volume 62 / Issue 4 / October 2013
    Published online by Cambridge University Press:
    31 October 2013, pp. 899-916
    Print publication:
    October 2013

  • This article seeks to consider the EU's new approach to arbitration as set out in Recital 12 of the Brussels I Regulation (Recast). The article first considers the Court of Justice of the European Union's West Tankers decision and the foremost English authority applying that case (The Wadi Sudr) in order to provide some background to the problem which gave rise to Recital 12. Following this, the article goes on to consider whether Recital 12 does in fact act as a solution to the problem created by the West Tankers decision.