Franco Ferrari (ed), The Impact of EU Law on International Commercial Arbitration

Pages140-141
DOI10.3366/elr.2019.0537
Author
Date01 January 2019
Publication Date01 January 2019

Over the years, EU law and international commercial arbitration have been seen as separate areas of law, which operated in different realms, with each area pursuing its own policy objectives. This notion is, to some extent, based on the fact that international commercial arbitration is neither harmonised nor regulated within the EU. In fact, the practice of arbitration has developed within the EU on the basis of the operation of the 1958 New York Convention on the recognition and enforcement of foreign arbitral awards and the national arbitration laws of the member states. However, a number of recent events and the jurisprudence of the Court of Justice of the European Union (“CJEU”) in the field of arbitration have clearly shown that EU law impacts on the practice of international commercial arbitration, and that this impact can be felt at different stages of the arbitral process, from the pre-award stage to the recognition and enforcement of the award. Indeed, EU law and arbitration interact in a number of ways and the effectiveness of arbitration within the EU could facilitate the EU's goals of ensuring an effective justice system and dispute resolution process, and the reciprocal enforcement of decisions within the EU. But yet the interaction of EU law and international commercial arbitration is not always clear. Therefore, the time is right for a comprehensive book that provides extensive analysis in this area. This book serves as a one stop shop in understanding the interaction between EU law and commercial arbitration. The book is an excellent analysis of the impact of EU law on international commercial arbitration with the aim of tracing the boundaries and clarifying their respective scopes of application. It is divided into sixteen chapters and it covers all aspects of the interaction of EU law and international commercial arbitration, which includes: EU law and consumer arbitration; preliminary references to the CJEU by arbitrators; the arbitration/litigation interface; anti-suit injunctions and claims for damages in arbitration; overriding mandatory laws and arbitration; the interaction of the Rome I and Rome II Regulations in international commercial arbitration; human rights and arbitration; and, EU law as a jurisdictional and substantive defence to investor-state arbitration.

However, there are some areas of...

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