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On the Independence of Arbitration under Brussels System and its Enlightenment to the B&R Initiative Arbitration Cooperation |
Li Tiansheng, Wu Fangling |
School of Law, Dalian Maritime University, Dalian 116026, China |
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Abstract Compared with The Brussels Convention and The Brussels I Regulation, the Recast Regulation weakened to certain extent the challenge brought by the limited application scope of the arbitration exception clause to the independence of arbitration. So, reshaping the independence of arbitration is helpful to consolidate the status of arbitration as one of the main methods of resolving international commercial disputes, which is meaningful to arbitration cooperation in the context of the B&R Initiative, for it must ease the tension between the principle of KompetenzKompetenz and judicial review of national courts properly to highlight the impact of the principles of autonomy of will and international comity in international commercial arbitration, and gradually establish laws applicable to all arbitration.
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