International Arbitration and EU Law

Hardback

International Arbitration and EU Law

Second Edition

2nd edition

9781035316564 Edward Elgar Publishing
Edited by Nikos Lavranos, Guest Professor, Leiden University, the Netherlands and Vienna University, Austria and Secretary-General of the European Federation for Investment Law and Arbitration (EFILA), founder of NL-Investmentconsulting, Of Counsel at Wöss & Partners and Stefano Castagna, Researcher, Vienna University of Economics and Business, Austria
Publication Date: August 2024 ISBN: 978 1 03531 656 4 Extent: c 544 pp
In this substantially revised and updated second edition, this work 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. This second edition covers all relevant new developments in law and practice, and tracks the ever-increasing influence of EU law and the jurisprudence of the Court of Justice of the EU (CJEU) in international arbitration.

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In this substantially revised and updated second edition, this work 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. This second edition covers all relevant new developments in law and practice, and tracks the ever-increasing influence of EU law and the jurisprudence of the Court of Justice of the EU (CJEU) in international arbitration.

Key Features:
● An analysis of alternative dispute settlement mechanisms in investment treaties
● An analysis of the relevance of EU law on the validity of international agreements to arbitrate
● Discussion of proposals to support climate responsive international investment and commercial arbitration regime
● 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
● 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
● 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 and international taxation

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.
Critical Acclaim
‘The relationships between European law and international arbitration are both multifarious and entangled. [The Editors] 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

Acclaim for the first edition:

‘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
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