EU Law and International Arbitration: Managing Distrust Through Dialogue

This book examines the main areas of tension between EU law and international arbitration, looking at both commercial and investment treaty arbitration. It offers practical solutions based on communication between the different regimes and a sound theoretical basis for addressing the core problem of normative conflict between legitimate public interests and the 'privatisation of justice'.

\n Format: Hardback
\n Length: 168 pages
\n Publication date: 06 May 2021
\n Publisher: Bloomsbury Publishing PLC
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This book is a timely and essential contribution to the field of EU law and international arbitration. It addresses the main areas of tension between these two legal regimes and offers practical solutions based on communication between the different regimes. The book is divided into five parts, each of which explores a different aspect of the tension between EU law and international arbitration.

In the first part, the book introduces key aspects of the overall tension between EU law and international arbitration. It examines the different legal frameworks and principles that govern these two systems and highlights the challenges that arise when they are applied in the same context. The author also discusses the role of the European Court of Justice (ECJ) in interpreting EU law in the context of international arbitration.

The second part of the book sets out the theoretical framework that understands EU law, international commercial arbitration, and investment treaty arbitration as closed regimes. The author argues that these regimes are characterized by a high degree of legal certainty and predictability, which is essential for the development of international business. However, the author also notes that these regimes can be subject to political interference and that they may not always align with the interests of individual states.

The third part of the book addresses the core problem of finding the limits to contracting out of the EU legal regime, both on a jurisdictional and a substantive level. The author examines the different legal mechanisms that are available to parties to challenge the jurisdiction of EU courts or the validity of EU law in international arbitration. The author also discusses the question of trust-building in legal outcomes of the relevant regimes, which is essential for the development of long-term relationships between businesses and states.

The fourth part of the book explores the role of international arbitration in promoting the rule of law and protecting human rights. The author argues that international arbitration can be a powerful tool for promoting the rule of law and protecting human rights, particularly in cases where domestic courts are unable or unwilling to address these issues. The author also discusses the challenges that arise in ensuring that international arbitration is conducted in a fair and transparent manner and that the rights of the parties are protected.

The fifth part of the book concludes with a short summary and key theses. The author summarizes the main arguments of the book and highlights the practical implications of the findings. The author also offers a set of key theses that can guide academics and practitioners in the field of EU law and international arbitration.

Overall, this book offers invaluable insights for academics and practitioners, private and public, commercial and investment treaty lawyers alike. It combines a theoretical and normative with a more pragmatic approach to very topical issues and provides a comprehensive and up-to-date analysis of the tension between EU law and international arbitration.

\n Weight: 414g\n
Dimension: 163 x 241 x 17 (mm)\n
ISBN-13: 9781509931170\n \n