Rapporti tra giurisdizione civile e arbitrato all'interno dello spazio giudiziario europeo: considerazioni a margine della sentenza London Steam-Ship

The Court of Justice of the European Union has once again been called upon to rule on the relationship and interactions between arbitration and the Brussels I regime. In deciding on whether and to what extent an arbitration award and a domestic judgment entered in the terms of the award can hinder the recognition and enforcement, under the Brussels I Regulation, of a foreign irreconcilable judgment rendered between the same parties in a different member State, the Court provided a « creative » and highly debatable solution, with potentially significant implications on the proceedings for recognition and enforcement of arbitral awards in the member States and on the system of circulation of judgments in the European Union.