International Arbitration and EU Law - Second Edition

In this substantially revised and updated second edition, this work 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. This second edition covers all relevant new developments in law and practice, and tracks the ever-increasing influence of EU law and the jurisprudence of the Court of Justice of the EU (CJEU) in international arbitration.

Key Features:
● 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
● 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 and international taxation
● Discussion of proposals to support climate responsive international investment and commercial arbitration regime
● An analysis of alternative dispute settlement mechanisms in investment treaties

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.

Contents

Foreword to the Second Edition xxiv
Charles N. Brower
Preface to the Second Edition xxvi
Table of cases xxvii
Table of legislation xxviii

PART I INTERSECTIONS BETWEEN INTERNATIONAL COMMERCIAL
ARBITRATION AND EU LAW
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, Juan Manuel Sánchez Pueyo, and Richard Hansen
3 The relationship between anti-suit relief, EU law and the New York Convention 42
Sophie J. Lamb KC, Bryce Williams and Robert Price
4 Collective redress arbitration in the European Union 75
S.I. Strong
5 The potential impact of Directive 2014/24/EU on construction arbitration in Europe 95
Luis Capiel and Oliver Cojo
6 ‘Consumer protection’ in international arbitration and EU law 107
Niuscha Bassiri and Emily Hay
7 Arbitration in antitrust damages cases in the European Union 133
Patricia Živković and Toni Kalliokoski

PART II INTERSECTIONS BETWEEN INTERNATIONAL INVESTMENT
ARBITRATION AND EU LAW
8 General aspects of investor-state dispute settlement 151
George A. Bermann
9 Investment Chapter in CETA: groundbreaking or much ado about nothing? 204
Dorieke Overduin
10 Investment arbitration under Intra-EU BITs 229
Isabelle Van Damme and Trajan Shipley
11 Arbitration under the Energy Charter Treaty: the impact of EU law 260
David Ingle and Jeffrey Sullivan KC
12 Procedural issues: annulment, recognition and enforcement of investment treaty awards (ICSID and
non-ICSID) 277
Olivier van der Haegen and Maria-Clara Van den Bossche
13 The multilateral investment court 311
Friedrich Rosenfeld

PART III CROSS CUTTING ISSUES
14 Essential elements of taxation: investment protection and dispute settlement 333
Stefano Castagna
15 Damages in international commercial and investment treaty arbitration 358
Herfried Wöss and Adriana San Román Rivera
16 Towards a climate responsive international investment and commercial arbitration regime 407
Kabir Duggal and Dianne Lake
17 The impact of EU law on international commercial mediation 431
Anne-Karin Grill and Emanuela Martin
18 Dispute prevention mechanisms in investment treaties: a solution fit for the future of ISDS 461
Fahira Brodlija
Postface 489
Bibliography 491