Impact of EU Law on International Commercial Arbitration
For many years, it seemed almost a truism to state that EU law and the law of international arbitration were two very distinct areas of law that did not intersect. Most believed each area pursued its own course without impacting on the other. However, a series of matters on which the international arbitral regime and the European Union part ways and, indeed, enter into serious conflict have emerged. The papers in The Impact of EU Law, which were initially presented at a conference hosted by NYU’s Center for Transnational Litigation, Arbitration and Commercial Law, show that these areas of law are becoming ever more interconnected and that the impact of EU law on the law of international arbitration can be felt over the course of all stages of an international arbitration, from the pre-award stage to the post-award stage--an influence further exacerbated by the dilemma of arbitral tribunals and national courts when facing conflicting mandates from the law of international arbitration and the law of the European Union. Furthermore, and the contributions in this volume make this abundantly clear, EU law has not only impacted international arbitrations seated in EU Member States, but has also influenced arbitrations seated around the world, a fact that makes The Impact of EU Law required reading for practitioners, arbitrators and all other stakeholders in the arbitration process.
Chapter 1 - EU Law and Consumer Arbitration
Camelia Toader
Chapter 2 - The Arbitration Interface with the Brussels I Recast: Past, Present and Future
Martin Illmer
Chapter 3 - Arbitration and Anti-suit Injunctions under EU Law
Alexander Layton
Chapter 4 - Referrals of Preliminary Questions by Arbitral Tribunals to the CJEU
Maciej Szpunar
Chapter 5 - The Transformation of the European Court of Justice and Arbitration Referrals
Jürgen Basedow
Chapter 6 - Are EU Overriding Mandatory Provisions an Impediment to Arbitral Justice?
Francesca Ragno
Chapter 7 - The Rome I and Rome II Regulations in International Commercial Arbitration
Pedro A. De Miguel Asensio
Chapter 8 - The Rome Regulations in International Arbitration: The Road Not Taken
Friedrich Rosenfeld
Chapter 9 - EU Overriding Mandatory Law and the Applicable Law on the Substance in International Commercial Arbitration
Xandra Kramer
Chapter 10 - EU Overriding Mandatory Provisions and the Law Applicable to the Merits
Giuditta Cordero-Moss
Chapter 11 - When, Why and How Must Arbitrators Apply Overriding Mandatory Provisions? The Problems and a Proposal
Luca G. Radicati di Brozolo
Chapter 12 - Antitrust Damages Claims and Arbitration Agreements
Christian Heinze
Chapter 13 - Claims for Damages and Arbitration: The 2014/104/EU Directive
Marta Requejo Isidro
Chapter 14 - The European Convention on Human Rights and Arbitration: The EU Law Perspective
Massimo V. Benedettelli
Chapter 15 - The Use (and Misuse) of European Human Rights Law in Investor-State Dispute Settlement
José E. Alvarez
Chapter 16 - European Union Law as a Jurisdictional and Substantive Defense in Investor-State Arbitration
George A. Bermann
About the Editor
Franco Ferrari is a Professor of Law and the Director of the Center for Transnational Litigation, Arbitration and Commercial Law at New York University School of Law. Prof. Ferrari joined NYU on a full-time basis in September 2010, after serving as visiting professor for various years. Previously, he was chaired professor of comparative law at Tilburg University in the Netherlands and Bologna University as well as professor of international law at Verona University in Italy. After serving as member of the Italian Delegation to various sessions of the United Nations Commission on International Trade Law (UNCITRAL) from 1995 to 2000, he served as Legal Officer at the United Nations Office of Legal Affairs, International Trade Law Branch (2000-2002), with responsibility for numerous projects, including the preparation of the UNCITRAL Digest on Applications of the UN Sales Convention (2004 edition). Prof. Ferrari has published more than 280 law review articles in various languages and 18 books in the areas of international commercial law, conflict of laws, comparative law and international commercial arbitration. He is a member of the editorial board of various peer reviewed European law journals (Internationales Handelsrecht, European Review of Private Law, Contratto e impresa, Contratto e impresa/Europa, Revue de droit des affaires internationales). He also acts as arbitrator both in international commercial arbitrations and investment arbitrations.
Contributing Authors
José E. Alvarez
Jürgen Basedow
Massimo Benedettelli
George A. Bermann
Giuditta Cordero-Moss
Christian Heinze
Martin Illmer
Xandra Kramer
Alexander Layton
Pedro A. De Miguel Asensio
Luca Radicati di Brozolo
Francesca Ragno
Marta Requejo Isidro
Friedrich Jakob Rosenfeld
Maciej Szpunar
Camelia Toader
About the Editor
Franco Ferrari is a Professor of Law and the Director of the Center for Transnational Litigation, Arbitration and Commercial Law at New York University School of Law. Prof. Ferrari joined NYU on a full-time basis in September 2010, after serving as visiting professor for various years. Previously, he was chaired professor of comparative law at Tilburg University in the Netherlands and Bologna University as well as professor of international law at Verona University in Italy. After serving as member of the Italian Delegation to various sessions of the United Nations Commission on International Trade Law (UNCITRAL) from 1995 to 2000, he served as Legal Officer at the United Nations Office of Legal Affairs, International Trade Law Branch (2000-2002), with responsibility for numerous projects, including the preparation of the UNCITRAL Digest on Applications of the UN Sales Convention (2004 edition). Prof. Ferrari has published more than 280 law review articles in various languages and 18 books in the areas of international commercial law, conflict of laws, comparative law and international commercial arbitration. He is a member of the editorial board of various peer reviewed European law journals (Internationales Handelsrecht, European Review of Private Law, Contratto e impresa, Contratto e impresa/Europa, Revue de droit des affaires internationales). He also acts as arbitrator both in international commercial arbitrations and investment arbitrations.
Contributing Authors
José E. Alvarez
Jürgen Basedow
Massimo Benedettelli
George A. Bermann
Giuditta Cordero-Moss
Christian Heinze
Martin Illmer
Xandra Kramer
Alexander Layton
Pedro A. De Miguel Asensio
Luca Radicati di Brozolo
Francesca Ragno
Marta Requejo Isidro
Friedrich Jakob Rosenfeld
Maciej Szpunar
Camelia Toader
Chapter 1 - EU Law and Consumer Arbitration
Camelia Toader
Chapter 2 - The Arbitration Interface with the Brussels I Recast: Past, Present and Future
Martin Illmer
Chapter 3 - Arbitration and Anti-suit Injunctions under EU Law
Alexander Layton
Chapter 4 - Referrals of Preliminary Questions by Arbitral Tribunals to the CJEU
Maciej Szpunar
Chapter 5 - The Transformation of the European Court of Justice and Arbitration Referrals
Jürgen Basedow
Chapter 6 - Are EU Overriding Mandatory Provisions an Impediment to Arbitral Justice?
Francesca Ragno
Chapter 7 - The Rome I and Rome II Regulations in International Commercial Arbitration
Pedro A. De Miguel Asensio
Chapter 8 - The Rome Regulations in International Arbitration: The Road Not Taken
Friedrich Rosenfeld
Chapter 9 - EU Overriding Mandatory Law and the Applicable Law on the Substance in International Commercial Arbitration
Xandra Kramer
Chapter 10 - EU Overriding Mandatory Provisions and the Law Applicable to the Merits
Giuditta Cordero-Moss
Chapter 11 - When, Why and How Must Arbitrators Apply Overriding Mandatory Provisions? The Problems and a Proposal
Luca G. Radicati di Brozolo
Chapter 12 - Antitrust Damages Claims and Arbitration Agreements
Christian Heinze
Chapter 13 - Claims for Damages and Arbitration: The 2014/104/EU Directive
Marta Requejo Isidro
Chapter 14 - The European Convention on Human Rights and Arbitration: The EU Law Perspective
Massimo V. Benedettelli
Chapter 15 - The Use (and Misuse) of European Human Rights Law in Investor-State Dispute Settlement
José E. Alvarez
Chapter 16 - European Union Law as a Jurisdictional and Substantive Defense in Investor-State Arbitration
George A. Bermann