Convention on Jurisdiction and Enforcement of Judgments – Scope – Matters excluded – Arbitration – Meaning – Application to a court for the appointment of an arbitrator – Included – Need to settle a preliminary question concerning the existence or validity of the arbitration clause – No effect
(Convention of 27 September 1968, Article 1(4))
By excluding arbitration from the scope of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, by virtue of Article 1(4) thereof, on the ground that it was already covered by international conventions, the Contracting Parties intended to exclude arbitration in its entirety, including proceedings brought before national courts.
Consequently, the abovementioned provision must be interpreted as meaning that the exclusion provided for therein extends to litigation pending before a national court concerning the appointment of an arbitrator, even if the existence or validity of an arbitration agreement is a preliminary issue in that litigation.
Citations:
C-190/89, [1991] EUECJ C-190/89, [1991] ECR I-3855
Links:
Jurisdiction:
European
Cited by:
Cited – Soleymani v Nifty Gateway Llc ComC 24-Mar-2022
Arbitration jurisdiction applications stayed
The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was . .
Lists of cited by and citing cases may be incomplete.
Arbitration
Updated: 03 April 2022; Ref: scu.160288
