| Abstract [eng] |
Interaction between arbitration and European Parliament and Council regulation Brussels I (No. 1215/2012) According to the case law of the European Court of Justice and other legislation in this master thesis the author discusses Brussels I and arbitration interaction and the most inportant problems emergent from this area. Article No. 1(2)(d) of the Brussels I states that Brussels I is not applicable to arbitration. On the other hand, regarding case law of the European Court of Justice, it is noticed that there are some decisions, where Brussels I was applied to the matter‘s related to arbitration. In this way European Court of Justice form controvertial practice, what leads to the uncertainty in the matter of Brussels I and arbitration. Because of case law, formed by the the European Court of Justice, European Commission was forced to change Brussels I (No. 44/2001) regulation. In the year of 2015 Brussels I (No. 44/2001) was modified to a new Brussels I (No. 1215/2012). However, even if Brussels I was modified, there are some unanswered questions left. In this master thesis author atempt to identify theese problems and respond to it. |
