Keywords
Summary

Keywords

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Convention on Jurisdiction and Enforcement of Judgments - Scope - Matters excluded - Arbitration - Meaning - Application to a court for the appointment of an arbitrator - Included - Need to settle a preliminary question concerning the existence or validity of the arbitration clause - No effect

(Convention of 27 September 1968, Article 1(4) )

Summary

By excluding arbitration from the scope of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, by virtue of Article 1(4) thereof, on the ground that it was already covered by international conventions, the Contracting Parties intended to exclude arbitration in its entirety, including proceedings brought before national courts.

Consequently, the abovementioned provision must be interpreted as meaning that the exclusion provided for therein extends to litigation pending before a national court concerning the appointment of an arbitrator, even if the existence or validity of an arbitration agreement is a preliminary issue in that litigation.