I did say I was mopping up the queue this week so here’s a post reminding us of the Paris Court of Appeal overturning an earlier judgment which had held that an arbitrator’s liability falls within Brussels Ia. I have analysis and further reference to the first instance judgment here, and Gilles Cuniberti’s approving view on the Court of Appeal’s decision is here.
The ruling means the court of the locus arbitri, the curial seat as agreed between the parties, is the natural home for any subsequent disputes involving liability of the arbitrators. I agree with Gilles that this makes a lot of sense from a consolidation and neutrality point of view. I do not however feel for a moment that it clearly follows from Brussels Ia, including its arbitration recital (which has the trimmings of an encyclopaedia, weighing in at more than half a page and 4 paragraphs).
EU Private International Law, 3rd ed. 2021, Heading 18.104.22.168, para 2.110 ff..