Review of the Brussels I Regulation

Almost four months after the deadline of 30 June 2009, preceding which the European Commission launched a broad consultation among interested parties on possible ways to improve the operation of Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12/1), the member states of the European Union await the results with baited breath.

Jennifer Lavelle, research assistant, Institute of Maritime Law, University of Southampton

After the comparative survey of the Regulation, which resulted in the Heidelberg Report on the Application of Regulation Brussels I in the member states (Hess, Pfeiffer, Schlosser, Study JLS/C4/2005/03), the European Commission issued a Green Paper on the review of the Regulation (COM (2009) 175 final, Brussels, 21 April 2009), accompanied by a Report on the same Regulation’s application (COM (2009) 174 final, Brussels, 21 April 2009). The suggestions given in relation to the interface between arbitration and the Regulation are particularly important for the London market, given the recent decision of the European Court of Justice in Allianz SpA (formerly Riunione Adriatica di Sicurta SpA) v West Tankers Inc (C-185/07) [2009] 1 Lloyd’s Rep 413, where it was held that the use of an anti-suit injunction to restrain proceedings in the court of another member state, even where those proceedings have been commenced in breach of an arbitration agreement, is incompatible with the Regulation. This is so, even though the Regulation explicitly excludes arbitration from its scope in art 1(2)(d).