Finding reason in the interface between the system of Brussels I recast and arbitration following the decision of West Tankers and recent development

Youseph Farah and Sara Hourani

Chapter 2 in Research Handbook on EU Private International Law, 2026, pp 33-61 from Edward Elgar Publishing

Abstract: This chapter re-examines the CJEU's West Tankers decision and situates it within the constitutional values of the Brussels I regime, highlighting its survival in more recent decisions such as “the Prestige”. It argues that West Tankers was consistent with EU jurisprudence and the internal market's commitment to mutual trust and access to justice. The chapter highlights the constitutional nature of the clash between arbitration and the Brussels I Regulation, and proposes solutions such as greater deference to arbitral tribunals through doctrines like prima facie review and negative competence-competence.

Keywords: West Tankers; The Prestige; International Arbitration; Brussels I Recast; Article 1(2)(d); The Principle of Effectiveness of EU Law (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035318681
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781035318698.00007 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:22658_3

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Jack Sweeney ().