European Public Policy After Eco Swiss* – Vol. 10 No. 1

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AuthorChristoph Liebscher**

Published: March 1999

Commercial Disputes
Competition and Antitrust

DescriptionEco Swiss is the first decision of the European Court of Justice (ECJ) on public policy in arbitration. This article will provide a summary of the case as far as the issue of European public policy is concerned and will briefly cover the following topics:

  • Firstly, the arguments of the ECJ will be analyzed;
  • Secondly, the Eco Swiss decision will be placed in the context of the jurisprudence of the ECJ on national procedural rules; and
  • Finally, the question will be asked, whether any and all rules of European competition law pertain to European public policy.

Given the scope of the issue in question, this article can only propose some initial thoughts on the subject and does not pretend to provide final answers.

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*Arbitral & Judicial Decisions
**Partner, Wolf Theiss and Partners, Vienna-Prague; associated with Freshfields and Deringer Tessin Herrmann & Sedemund.