Arbitration exception in Brussels I Regulation Recast: Recital 12 and open issues

In my presentation I dealt with the arbitration exception in Brussels I recast Regulation on jurisdiction and recognition and enforcement of judgments in civil and commercial matters (EU Reg. 1215/2012). In order to do so, I made reference to the arbitration exception in the 1968 Brussels Convention and in the Brussels I Regulation (EU Reg.44/2012) and, in particular, I dealt with the interpretation of the arbitration exception under such Convention and Regulation, presenting relevant cases decided by the European Court of Justice. I then moved to Brussels I Regulation recast and analysed the relevant provisions in order to find out which are the issues that are still open with reference to the arbitration exception.