European Civil Procedure and Arbitration

The interfaces between international arbitration and European civil procedure raise complex questions. Most recently illustrated by the highly controversial decision rendered by the European Court of Justice in West Tankers Inc. v. Allianz S.p.A. et al.. The arbitration exemption of the Brussels I Regulation has triggered doctrinal debates as to its scope, meaning and effects. The discussion on that topic has recently been revived by the European Commission`s Report and Green Paper on the review of the Brussels I Regulation. It is interesting to note that not all EC-instruments on judicial cooperation in civil and commercial matters include an arbitration exception. Notably, the Service Regulation, the Evidence Regulation, the Insolvency Regulation and the Payment Order Regulation do not, at least explicitly, exclude arbitration from their scope of application. Additionally, the issue has been raised whether the time has come to facilitate the recognition and enforcement of arbitral awards at EU level by adopting a Community instrument implementing a euro-wide exequatur for arbitral awards. The purpose of the research project proposed for the Erwin Schrödinger Fellowship is to undertake a specific study on the interplay between European civil procedure and international arbitration including a critical evaluation of the most recent developments, in particular with regard to the Brussels I Regulation. Moreover, the interplay between the Service, Evidence, Insolvency and Payment Order Regulation and arbitration will be closely examined. Issues that have so far not attracted much attention in literature. In addition, a systematic in-depth analysis of the ways to increase the enforceability of arbitral awards in the Community will be undertaken based on most up-to date proposals made in this field. The developments on a European Community level might have an impact on third countries, such as Switzerland, being one of the most preferred arbitration venues in the world. Therefore, I am glad to have been invited to the University of Zurich to conduct my research project there. I will have access to the University of Zurich`s research facilities and be able to benefit from an intellectually stimulating environment, especially when it comes to research in the area of international and comparative law. Prof. Paul Oberhammer, an internationally renowned specialist in the field of arbitration and European civil procedure, will be supervising my research project. His mentorship will provide me with the support necessary to successfully apply the most up-to date techniques and methodological approaches to the dogmatic intricacies underlying the interfaces between European civil procedure and arbitration. It is my aim to make use of the knowledge gained to contribute and further stimulate Austrian and European scholarly discussion in the field. The research project will also serve as a starting point and basis for my long-term goal to return to Department of Civil Procedure Law of the Vienna University`s law faculty and start a more comprehensive work, i.e. my Habilitation, in the field of international civil procedure law. After the completion of my research project I plan to publish the results as a short monograph.