The European Commission published its legislative proposals for the reform of the Brussels Regulation on 14 December 2010. The Commission's proposals include a proposal to extend the arbitration exception contained in Article 1(2)(d) of the Brussels Regulation by adding a new provision requiring a court seised of a dispute to stay the proceedings where the question of arbitral jurisdiction is before either the courts of the seat or an arbitral tribunal. See Legal update, Brussels Regulation reforms: European Commission proposes to retain arbitration exception.

The Commission's proposal will be sent to the European Parliament and the Council to be considered under the ordinary legislative procedure (formerly the co-decision procedure). The Commission has indicated that final approval of the proposal is expected in the next two to three years.

The UK Ministry of Justice has published a consultation, Revision of the Brussels I Regulation - How should the UK approach the negotiations, seeking views on whether it would be in the UK's national interests to opt in and apply the revised Brussels Regulation in the terms proposed by the Commission. The consultation, which seeks views on all the reform proposals including the arbitration exception, closes on 11 February 2011. For further discussion, see Legal update, MoJ consults on EC proposal to amend arbitration exception in Brussels I Regulation.