International arbitration and EU law
- Full Title:
- International arbitration and EU law
- Other Author:
- Mata Dona, José Rafael.
- Statement of Responsibility:
- Edited by José Rafael Mata Dona and Nikos Lavranos
- Elgar arbitration law and practice
- 616 p.
- 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...
Summary: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.
- • Foreword by Charles N. Brower xix • Preface xxi • PART I THE PRE- AND THE POST-AWARD STAGE IN INTERNATIONAL COMMERCIAL ARBITRATION VIS-À-VIS EU...
Contents:• Foreword by Charles N. Brower xix • Preface xxi • PART I THE PRE- AND THE POST-AWARD STAGE IN INTERNATIONAL COMMERCIAL ARBITRATION VIS-À-VIS EU LAW AND THE EUROPEAN ATTITUDE TOWARD ANTI-SUIT RELIEF • 1. Interaction between international commercial arbitration and EU law before the award is rendered 2 • 2. The impact of EU law on challenges, recognition and enforcement of international commercial awards 17 • 3. The relationship between anti-suit relief, EU law and the New York Convention 42 • PART II SELECTED AREAS OF INTERSECTION BETWEEN EU LAW AND INTERNATIONAL COMMERCIAL ARBITRATION • 4. Arbitration and the European Convention on Human Rights 73 • 5. The allocation of GDPR compliance in arbitration 92 • 6. ‘Consumer protection’ in international arbitration and EU law 110 • 7. Damages in international commercial arbitration 132 • 8. Arbitration in antitrust damages cases in the European Union 160 • 9. Collective redress arbitration in the European Union 176 • 10. The law governing commercial agency agreements 195 • 11. The potential impact of Directive 2014/24/EU on construction arbitration in Europe 229 • PART III INTERSECTIONS BETWEEN INTERNATIONAL INVESTMENT ARBITRATION AND EU LAW • 12. General aspects of investor-state dispute settlement 242 • 13. Investment arbitration under intra-EU BITs 291 • 14. Arbitration under the Energy Charter Treaty: The relevance of EU law 320 • 15. Investment Chapter in CETA: Groundbreaking or much ado about nothing? 338 • 16. Procedural issues: Annulment, recognition and enforcement of investment treaty awards (ICSID and non-ICSID) 360 • 17. Damages in investment treaty arbitration 391 • 18. Essential elements of taxation – investment protection and dispute settlement 426 • 19. The Multilateral Investment Court 449 • 20. The impact of EU Law on International Commercial Mediation 469 • Bibliography 495 • Index 541
- Publisher & Date:
- Cheltenham : Edward Elgar, 2021.
- Date of Publication:
- Edward Elgar
- D 30.3
- 9781788973991 (hbk)
In the Library
|Call Number||Location||Availability||Description||Loan Type|
|D 30.3 Mat 2021||General collection||On Shelf||-||For regular loan|
In the Library
D 30.3 Mat 2021