International Arbitration and EU Law

This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.

Coverage includes:

• an analysis of the relevance of EU law on the validity of international agreements to arbitrate
• consideration of the impact of EU law on challenges, recognition and enforcement of international commercial awards, and the relationship between anti-suit relief, EU law and the New York Convention
• a discussion of selected areas of intersection between EU law and international commercial arbitration, including the ECtHR, consumer protection, damages, competition damages, GDPR, commercial agency and others
• an introduction to the complex areas in which the EU regime and international investment arbitration laws intertwine, through a review of the development of the EU’s investment policy
• an examination of the impact of EU law on specific issues in international investment arbitration including the Energy Charter Treaty, procedural issues (both ICSID and non-ICSID), damages, taxation, and the proposed Multilateral Investment Court
• an appraisal of the potential of International Commercial Mediation and its interrelations with EU law.

International Arbitration and EU Law is a specialist guide for arbitrators, lawyers, judges, and expert witnesses. It will also greatly benefit academics and advanced students working, researching or teaching international arbitration law.