Third party arbitration in the UK: critically assessing the applicable rules of the joinder of two different proceedings under the Brussels Recast Regulation (EU 1215/2012)

Margaret Liu, Ehab Qouteshat

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Abstract

This article critically assesses the third party arbitration in the UK under the Brussels Recast Regulation (EU 1215/2012), exploring whether it is sufficient for English courts to follow the Brussels Regulation rules to join the two different proceedings in arbitration. The article concludes that there is an increasingly widespread use of arbitration as a means of settling competition law claim.
Original languageEnglish
Pages (from-to)303-315
Number of pages13
JournalEuropean Competition Law Review
Volume42
Issue number6
Publication statusPublished - 20 May 2021

Bibliographical note

This is a pre-copyedited, author-produced version of an article accepted for publication in European Competition Law Review following peer review. The definitive published version Liu, M & Qouteshat, E 2021, 'Third party arbitration in the UK: critically assessing the applicable rules of the joinder of two different proceedings under the Brussels Recast Regulation (EU 1215/2012)', European Competition Law Review, vol. 42, no. 6, pp. 303-315 is available online on Westlaw UK.

Copyright © and Moral Rights are retained by the author(s) and/ or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This item cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder(s). The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders.

Keywords

  • Third party arbitration
  • the joinder of two different proceedings in arbitration
  • Brussels I Recast
  • arbitration agreements
  • allocation of jurisdiction
  • co-defendants and third parties

ASJC Scopus subject areas

  • General Social Sciences

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