Lloyd's Shipping & Trade Law

The European Commission has finally handed down its long-awaited proposal for the review of Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (COM (2010) 748 final, Brussels, 14 December 2010). Given the importance of the changes for the London market, a centre frequently chosen by way of arbitration agreement in commercial and maritime contracts, this article will discuss the amendments proposed in relation to the interface between the Regulation and arbitration. This author has previously criticised the suggestions made in the preceding Report and Green Paper (see [2009] STL, 9(9), 3-5), and is, to a certain extent, pleasantly surprised by the outcome of the revision. Nonetheless, the Proposal still requires significant clarification in order for it to be applied effectively.

Goods supplied to vessel – Remotely- operated vehicle

Arbitration - Party autonomy - No appeal from arbitral award on question of fact In the judgment of The Aegiali which was handed down by the English Commercial Court on 5 November 2010, Blair J dismissed an appeal against an arbitral award made on a question of fact.

Carrier’s liability - Burden of proof