In April 2025, a working group comprised of leading French scholars unveiled a report recommending changes the application of commercial arbitration within the EU. The report’s proposals include adding a new Article 25 bis granting jurisdiction to the court of the seat of the arbitration over various matters, along with a new Article 31 bis that would tackle challenges to the jurisdiction of the court on the basis of an arbitration agreement.
Bracewell’s John Gilbert told Commercial Dispute Resolution that adding new arbitration provisions to the bis Regulation is the “best approach.”
“It is logical because the regulation already deals with similar issues and it avoids the temptation that might arise if a separate EU law on arbitration were developed to go beyond the focused approach proposed by the working group and stray into broader areas,” Gilbert said.
