Avoiding Duplicative Litigation about Arbitral Awards within the EU

David Holloway

Research output: Contribution to journalArticlepeer-review

Abstract

This article considers the possibility of the reform of EU law in relation to the treatment by national courts of arbitration awards. As things stand national courts are entitled to take independent decisions on whether to annul or set aside awards and whether or not to enforce awards. This can potentially lead to conflicting decisions within the EU on identical questions, such as whether a valid arbitration agreement was concluded, as illustrated by the recent case of Dallah Real Estate and Tourism Holding Company (Appellant) v The Ministry of Religious Affairs, Government of Pakistan. This position obtains by virtue of the arbitration exception to the Judgments Regulation (Council Regulation 44/2001 Article 1(2)(d)). The Article considers whether limited reform of the Regulation and limitation of the arbitration exception might better enable coordination of annulment and enforcement proceedings within the EU and eliminate duplicative parallel litigation without undermining the arbitral process or the operation of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Original languageEnglish
Pages (from-to)435-57
Number of pages23
JournalJournal of International Dispute Settlement
Volume2
Issue number2
DOIs
Publication statusPublished - 2011

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