Propuestas de inclusión del arbitraje en el Reglamento 44/2001

Abstract

The Heildelberg Report is a study commissioned by the Commission with the aim of preparing the proposals for the amendment of Regulation 44/2001. One of the most interesting proposals is the one dealing with the incorporation of arbitration within the material jurisdiction of the Regulation. As it was expected, the proposal has been the most controversial and therefore an interesting and interested debate has been raised. With the proposals already published, the ECJ delivered its judgment in the West Tankers case. This judgment grants exclusive jurisdiction to the tribunal of the place in which the issue related to the validity of the arbitration agreement is posed, regardless of such tribunal not being the one of the place of arbitration. As a result, two different consequences might be identified: (i) it is a decisive step forward in order to include arbitration within the scope of substantial applicability of Regulation 44/2001 and (ii) a solution favouring procedural tactics -torpedo actions against arbitration is achieved. The aim of this essay is to consider the community perspective on the complex relationship between arbitration and jurisdiction and to analyze the proposals in favour of the inclusion/exclusion of arbitrations being made after the West Tankers judgment.