Brussels I bis in Relation to Other Instruments on the Global Level

Abstract

This chapter will discuss the relationship between the Brussels Ibis Regulation and other international conventions which regulate the recognition and enforcement of foreign judgments or arbitral awards in civil and commercial matters. Since a number of such conventions are in force, a possible collision with the Brussels Ibis Regulation may occur. As to the preceding Brussels I Regulation, the Court of Justice has already addressed the problem of conventions that may concur with the Regulation. This raises the question whether this case law remains untouched by the entry into force of the Brussels Ibis Regulation. Also, the relationship of Brussels Ibis with the Hague Convention on Choice-of-Court Agreements of 2005 will be discussed, since this Convention has not been signed by Member States but instead by the Council on behalf of the European Union. Thus, a different approach to a possible collision between the two instrument may be required. Lastly, the position of the New York Arbitration Convention of 1958 will be dealt with. Though explicitly excluded from the substantive scope of Brussels Ibis, arbitration has still been subject to some debate vis-à-vis its position in light of the Brussels I regime. The recent Gazprom case is an interesting example in this respect, which will be looked at in more detail.