International Arbitration and EU Law: (Elgar Arbitration Law and Practice series)

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.

Table of Contents:
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 Piotr Wiliński 2. The impact of EU law on challenges, recognition and enforcement of international commercial awards 17 Bo Ra Hoebeke and Juan Manuel Sánchez Pueyo 3. The relationship between anti-suit relief, EU law and the New York Convention 42 Sophie J. Lamb QC, Bryce Williams and Robert Price PART II SELECTED AREAS OF INTERSECTION BETWEEN EU LAW AND INTERNATIONAL COMMERCIAL ARBITRATION 4. Arbitration and the European Convention on Human Rights 73 Monica Feria-Tinta 5. The allocation of GDPR compliance in arbitration 92 Alexander Blumrosen 6. ‘Consumer protection’ in international arbitration and EU law 110 Niuscha Bassiri and Emily Hay 7. Damages in international commercial arbitration 132 Herfried Wöss and Adriana San Román Rivera 8. Arbitration in antitrust damages cases in the European Union 160 Patricia Živkovic´ and Toni Kalliokoski 9. Collective redress arbitration in the European Union 176 S.I. Strong 10. The law governing commercial agency agreements 195 Dodo Chochitaichvili 11. The potential impact of Directive 2014/24/EU on construction arbitration in Europe 229 Luis Capiel and Oliver Cojo PART III INTERSECTIONS BETWEEN INTERNATIONAL INVESTMENT ARBITRATION AND EU LAW 12. General aspects of investor-state dispute settlement 242 George A. Bermann 13. Investment arbitration under intra-EU BITs 291 Quentin Declève and Isabelle Van Damme 14. Arbitration under the Energy Charter Treaty: The relevance of EU law 320 Jeffrey Sullivan and David Ingle 15. Investment Chapter in CETA: Groundbreaking or much ado about nothing? 338 Dorieke Overduin 16. Procedural issues: Annulment, recognition and enforcement of investment treaty awards (ICSID and non-ICSID) 360 Olivier van der Haegen and Maria-Clara Van den Bossche 17. Damages in investment treaty arbitration 391 Herfried Wöss and Adriana San Román Rivera 18. Essential elements of taxation – investment protection and dispute settlement 426 Stefano Castagna 19. The Multilateral Investment Court 449 Friedrich Rosenfeld 20. The impact of EU Law on International Commercial Mediation 469 Anne-Karin Grill and Emanuela Martin Bibliography 495 Index 541

About the Author :
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, 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

Review :
'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.' '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.' '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.' ‘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.’