International Arbitration and EU Law

Elgar Arbitration Law and Practice series

Edited by José Rafael Mata Dona, Independent Practitioner, D.E.S. in European and International Law, and member of the Brussels and Caracas Bars and Nikos Lavranos, Guest Professor of International Investment Law, Free University of Brussels, Belgium, Secretary-General of the European Federation for Investment Law and Arbitration (EFILA), founder of NL-Investmentconsulting, Of Counsel at Wöss & Partners

This book provides a comprehensive examination of 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.

‘A treasure trove for those, practitioners and academics alike, having to tackle any issue involving international commercial arbitration as well as investment arbitration that may have a link to Europe.’
– Franco Ferrari, New York University School of Law, US

‘The relationship between EU law and international arbitration is extremely complex, especially for those who have never practiced EU law. This collection is a tremendous contribution to understanding why the two regimes increasingly overlap, and how (or whether) they can be reconciled. It is especially useful to understanding the evolving relationship between investment arbitration and EU law, which will certainly continue to be much discussed in the context of investment law reform and investor-State disputes. Readers who follow these discussions will be very well served by this volume.’
– Meg Kinnear, Secretary General of ICSID

‘International Arbitration and EU Law is a tour de force that stands out among other publications in the sector. It features leading arbitration practitioners and academics as authors and covers, in the broadest possible manner, important topics at the intersection of international arbitration and EU law. A must for everyone working in this field.’
– Maxi Scherer, WilmerHale and Queen Mary University of London, UK

‘The relationships between European law and international arbitration are both multifarious and entangled. José Rafael Mata Dona and Nikos Lavranos have assembled a stellar group of experts who carefully analyze the many interfaces between European law and commercial as well as investment arbitration. A wide array of judicial actors have a say, be they domestic courts, European jurisdictions or arbitral tribunals, as well as those that will emerge in the future, such as the CETA Investment Court System. The present book is a critical resource to understand these relationships in their full complexity.’
– Laurence Boisson de Chazournes, University of Geneva, Switzerland