The Ministry of Justice (MoJ) has published the responses to the consultation and call for evidence, Review of the Brussels I Regulation - How should the UK approach the negotiations?

The MoJ had sought views on whether it was in the national interest for the UK to seek to participate in the revised Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

Forty-six responses were received, with a majority of respondents agreeing that it would be in the national interest for the UK to apply the revised regulation in the terms published by the European Commission (see Proposal 2010/0383 (COD)). Based on these responses the government announced its decision, on 31 March 2011, to opt in to the proposals and to participate in the negotiations (see Legal update, UK government chooses to opt in to Brussels Regulation reforms).

For more background and details of the government's preliminary assessment of some of the key proposals for reform, see Legal update, MoJ consults on EC proposals for revised Brussels I.

Of particular interest to those involved in arbitration is the fact that the proposals included improvements to the interface between the Brussels Regulation and arbitration, in particular by retaining the "arbitration exception" and making provision for a stay of court proceedings where the question of arbitral jurisdiction is before either the courts of the seat or an arbitral tribunal. See Legal update, UK government chooses to opt in to Brussels Regulation reforms.

Source: Justice: Response to MoJ consultation: Review of Brussels I Regulation (12 December 2011).