...Justice Fraser of the English Commercial Court refers to the argument that asserts European Union (the “EU”) law precludes intra-EU arbitration under pre-accession investment treaties as “the EU law question.”[1]...
Search Results for : "EU Law"
...been confirmed by the CJEU in its Achmea decision. The fundamental doctrine of the primacy of EU law resolves the conflict between EU law and national laws of the EU...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...the interpretation of EU law, ensuring its full effectiveness. More specifically, founded on the standard jurisprudence of the CJEU, commercial arbitration is a mechanism solely based on private autonomy. Thus,...
Unpacking the New Greek Law on International Commercial Arbitration
...UK or EU law, as appropriate”.[17] The majority, however, disagreed with Snowden LJ. In their view, the question of who is actually bound by the arbitration agreement is to be...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...Article 16 poses an insurmountable obstacle to Respondent’s argument that EU law prevails over the ECT. […] If the Contracting Parties to the ECT […] intended for EU law to...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
Author: Harshal Morwale* Jurisdiction: International Topics: ICC International Institutions and Rules Dispute Resolution and Litigation The ICC has recently published its new Rules, which are set to enter into force...
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
...EU law. Three relevant recent examples may be given. […] Against this background of increasing friction between international arbitration enforcement mechanisms and other international legal regimes, it is relevant to...
The “Public Policy” Exception under the New York Convention: The ...
...be sympathetic to the assertion that EU law should trump its treaty rights. Likewise, because each treaty creates its own dispute resolution mechanism (if any), international courts and tribunals may...
Investment Treaty Law and International Law – Vol. 23 No. ...
...however, has not prevented the European Court of Justice (“ECJ”) from developing several protective mechanisms to ensure that the national courts adequately account for EU law. 2. European legislation on...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
...BIT. Additionally, Spain’s failure to secure the EU’s fishing rights in Svalbard also amounts to a breach of EU law under articles 258 TFEU and 4.3(2) TEU. Thirdly, there is...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...the Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law, the director of the Center for International Commercial and Investment Arbitration and Editor-in-Chief of the American Review of...
Columbia Arbitration Day 2021 — Confidentiality, Transparency, and In-Person Hearings: ...
...EU law from the framework provided by EU law. The arbitration clause in the BIT had an adverse effect on the autonomy of EU law and the two were therefore...