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At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation
The exclusion of arbitration from the scope of application of the Brussels Regime on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in the EU has a long history and is still subject to controversy. After some introductory explanations of the legal frame...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2017
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| _version_ | 1867613213498015744 |
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| access_status_str | Open Access |
| author | Klebes, Stephan Dominikus |
| author2 | Kruger, Thalia |
| author_browse | Klebes, Stephan Dominikus Kruger, Thalia |
| author_facet | Kruger, Thalia Klebes, Stephan Dominikus |
| author_sort | Klebes, Stephan Dominikus |
| collection | Thesis |
| description | The exclusion of arbitration from the scope of application of the Brussels Regime on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in the EU has a long history and is still subject to controversy. After some introductory explanations of the legal framework and relevant principles in the field of law, this minor dissertation examines chronologically all possible involvements of national courts in arbitral proceedings in order to give an overview of the (in-) applicability of the Brussels Ia Regulation to them. For this purpose, the relevant case law of the CJEU and the related legal developments beginning with the adoption of the Brussels Convention up to the entry into force of the Brussels Ia Regulation are being considered. Finally, the legal problems arising from the current state of affairs and how courts should navigate it are discussed with an emphasis on the possible enforcement constellations of contradicting judgments and awards. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/25070 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:34.479Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/25070 At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation Klebes, Stephan Dominikus Kruger, Thalia Alternative Dispute Resolution The exclusion of arbitration from the scope of application of the Brussels Regime on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in the EU has a long history and is still subject to controversy. After some introductory explanations of the legal framework and relevant principles in the field of law, this minor dissertation examines chronologically all possible involvements of national courts in arbitral proceedings in order to give an overview of the (in-) applicability of the Brussels Ia Regulation to them. For this purpose, the relevant case law of the CJEU and the related legal developments beginning with the adoption of the Brussels Convention up to the entry into force of the Brussels Ia Regulation are being considered. Finally, the legal problems arising from the current state of affairs and how courts should navigate it are discussed with an emphasis on the possible enforcement constellations of contradicting judgments and awards. 2017-09-06T07:08:12Z 2017-09-06T07:08:12Z 2017 Master Thesis Masters LLM http://hdl.handle.net/11427/25070 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Alternative Dispute Resolution Klebes, Stephan Dominikus At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation |
| thesis_degree_str | Master's |
| title | At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation |
| title_full | At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation |
| title_fullStr | At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation |
| title_full_unstemmed | At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation |
| title_short | At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation |
| title_sort | at the intersection of court proceedings and arbitration in europe the exclusion of arbitration in the brussels ia regulation |
| topic | Alternative Dispute Resolution |
| url | http://hdl.handle.net/11427/25070 |
| work_keys_str_mv | AT klebesstephandominikus attheintersectionofcourtproceedingsandarbitrationineuropetheexclusionofarbitrationinthebrusselsiaregulation |