The
rewriting of Brussels I, effected by Regulation n˚ 1215/2012 of 12 December
2012, renews the question of the relationship between arbitration and the
Regulation. In addition to a new provision asserting the primacy of the 1958
New York Convention, the new Regulation's Preamble has been extended with a 12th introductory
section intended to shed light on the meaning and extent of the exclusion of arbitration.
This paragraph, which provides a very different interpretation of Article 1 §2
d) than that which had prevailed in the West Tankers decision, leads one to
consider afresh the incidence of the Regulation on the treatment of arbitration
defences and on the circulation of decisions.