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Does EU Law Impact an Arbitrator’s Independence and Impartiality? - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s): 
Ivaylo Dermendjiev
Page Count: 
18 pages
Media Description: 
1 PDF Download
Published: 
February, 2015

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Originally from Czech and Central European Yearbook of Arbitration - 2014: Independence and Impartiality of Arbitrators

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Abstract | The discussion stretches over the full range
of arbitration matters from the autonomy of
arbitration, the recognition of the arbitral award as
mandatory by the parties, to the acknowledgment and
enforcement of the arbitral award in one or more
Member States. The article raises the question of
whether the arbitral tribunal is a competent body
worthy of the recognition and attention of the ECJ
under article 234 TFEU. The analysis contains
personal insights and opinions on the judgments in
Nordsee,1 Eco Swiss,2 Mostaza Claro3 and Fallimento
Olimpiclub,4 which are of fundamental significance
and are building blocks on the subject. The application
of the equality principle between the national criteria
for annulment of an arbitral award is discussed due to
the incompatibility with the mandatory legal rules of
the EU or national law. Simultaneously, great
attention is paid to the principles of effectiveness and
legal certainty, which should be taken into
consideration by arbitrators when reaching a decision.
The question whether arbitral tribunals have a duty to
apply EU law when the dispute is between equal
parties and none of them makes reference to these legal