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4 - The Exclusion of Arbitration

from Part I - Preliminary Chapters

Published online by Cambridge University Press:  25 May 2018

Gilles Cuniberti
Affiliation:
Université du Luxembourg
Sara Migliorini
Affiliation:
Université de Lausanne, Switzerland
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Summary

Chapter 4 analyses the meaning and extent of the exclusion of arbitration from the material scope of application of the EAPO Regulation. Lacking any indication in the Regulation regarding the scope of the exclusion, the Chapter puts forward that the exclusion of arbitration in the EAPO Regulation is inspired from the Brussels Ibis Regulation, which it essentially replicates. Based on this premise, the Chapter reviews the exclusion of arbitration within the Brussels Regime and offers solutions for its interpretation and application within the context of the EAPO Regulation, including regarding consumer contracts and eligible enforceable titles.
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Publisher: Cambridge University Press
Print publication year: 2018

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