Hardback
International Arbitration and EU Law
Second Edition
2nd edition
9781035316564 Edward Elgar Publishing
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.
More Information
Critical Acclaim
Contents
More Information
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.
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.
Critical Acclaim
‘The Second Edition of International Arbitration and EU Law is a very welcome addition to the libraries of all practitioners, academics and observers (critical or otherwise) of international arbitration. It will be an indispensable tool for us all.’
– Christopher Greenwood, Magdalene College, UK
‘Nikos Lavranos and Stefano Castagna should be commended for putting together the second edition of their book, dealing with what is surely the most fundamental existential issue facing international arbitration today: how can States’ environmental obligations be balanced with investment protection? Should this be confrontation or cooperation? And can investment arbitration retain its legitimacy if it ignores climate change policies and goals? I have no doubt that this book will be of invaluable assistance to understand these fundamental issues, which are at the cross-roads between law and politics.’
– Alexis Mourre, MCL Arbitration, France
‘An important and thoughtful addition to the field. Professor Lavranos and Dr Castagna have compiled a work particularly relevant for practitioners, with attention to up-and-coming issues in our industry. As EU law around arbitration continues to develop, this guide will surely stand out as instructive.’
– Gary B. Born, Wilmer Cutler Pickering Hale and Dorr LLP, UK
‘The intersection between EU law and international arbitration continues to raise interesting questions, which justify the necessity of having an exceptional book, like this one, to address the intricacies of this topic. Investment arbitration, in particular, has experienced, in the past years, complex questions of supremacy of EU law, the emergence of anti-suit injunctions in preventing intra-EU ISDS, in addition to the imminent creation of an EU-led Multilateral Investment Court. Nikos Lavranos and Stefano Castagna are capturing, in this second edition of the book, comprehensive analysis of these issues, essential for any practitioner in international arbitration.’
– Crina Baltag, Stockholm University, Sweden
Acclaim for the first edition:
‘The relationships between European law and international arbitration are both multifarious and entangled. [The Editors] have assembled a stellar group of experts who carefully analyze the many interfaces between European law and commercial as well as investment arbitration. A wide array of judicial actors have a say, be they domestic courts, European jurisdictions or arbitral tribunals, as well as those that will emerge in the future, such as the CETA Investment Court System. The present book is a critical resource to understand these relationships in their full complexity.’
– Laurence Boisson de Chazournes, University of Geneva, Switzerland
‘A treasure trove for those, practitioners and academics alike, having to tackle any issue involving international commercial arbitration as well as investment arbitration that may have a link to Europe.’
– Franco Ferrari, New York University School of Law, US
‘The relationship between EU law and international arbitration is extremely complex, especially for those who have never practiced EU law. This collection is a tremendous contribution to understanding why the two regimes increasingly overlap, and how (or whether) they can be reconciled. It is especially useful to understanding the evolving relationship between investment arbitration and EU law, which will certainly continue to be much discussed in the context of investment law reform and investor-State disputes. Readers who follow these discussions will be very well served by this volume.’
– Meg Kinnear, Secretary General of ICSID
‘International Arbitration and EU Law is a tour de force that stands out among other publications in the sector. It features leading arbitration practitioners and academics as authors and covers, in the broadest possible manner, important topics at the intersection of international arbitration and EU law. A must for everyone working in this field.’
– Maxi Scherer, WilmerHale and Queen Mary University of London, UK
– Christopher Greenwood, Magdalene College, UK
‘Nikos Lavranos and Stefano Castagna should be commended for putting together the second edition of their book, dealing with what is surely the most fundamental existential issue facing international arbitration today: how can States’ environmental obligations be balanced with investment protection? Should this be confrontation or cooperation? And can investment arbitration retain its legitimacy if it ignores climate change policies and goals? I have no doubt that this book will be of invaluable assistance to understand these fundamental issues, which are at the cross-roads between law and politics.’
– Alexis Mourre, MCL Arbitration, France
‘An important and thoughtful addition to the field. Professor Lavranos and Dr Castagna have compiled a work particularly relevant for practitioners, with attention to up-and-coming issues in our industry. As EU law around arbitration continues to develop, this guide will surely stand out as instructive.’
– Gary B. Born, Wilmer Cutler Pickering Hale and Dorr LLP, UK
‘The intersection between EU law and international arbitration continues to raise interesting questions, which justify the necessity of having an exceptional book, like this one, to address the intricacies of this topic. Investment arbitration, in particular, has experienced, in the past years, complex questions of supremacy of EU law, the emergence of anti-suit injunctions in preventing intra-EU ISDS, in addition to the imminent creation of an EU-led Multilateral Investment Court. Nikos Lavranos and Stefano Castagna are capturing, in this second edition of the book, comprehensive analysis of these issues, essential for any practitioner in international arbitration.’
– Crina Baltag, Stockholm University, Sweden
Acclaim for the first edition:
‘The relationships between European law and international arbitration are both multifarious and entangled. [The Editors] have assembled a stellar group of experts who carefully analyze the many interfaces between European law and commercial as well as investment arbitration. A wide array of judicial actors have a say, be they domestic courts, European jurisdictions or arbitral tribunals, as well as those that will emerge in the future, such as the CETA Investment Court System. The present book is a critical resource to understand these relationships in their full complexity.’
– Laurence Boisson de Chazournes, University of Geneva, Switzerland
‘A treasure trove for those, practitioners and academics alike, having to tackle any issue involving international commercial arbitration as well as investment arbitration that may have a link to Europe.’
– Franco Ferrari, New York University School of Law, US
‘The relationship between EU law and international arbitration is extremely complex, especially for those who have never practiced EU law. This collection is a tremendous contribution to understanding why the two regimes increasingly overlap, and how (or whether) they can be reconciled. It is especially useful to understanding the evolving relationship between investment arbitration and EU law, which will certainly continue to be much discussed in the context of investment law reform and investor-State disputes. Readers who follow these discussions will be very well served by this volume.’
– Meg Kinnear, Secretary General of ICSID
‘International Arbitration and EU Law is a tour de force that stands out among other publications in the sector. It features leading arbitration practitioners and academics as authors and covers, in the broadest possible manner, important topics at the intersection of international arbitration and EU law. A must for everyone working in this field.’
– Maxi Scherer, WilmerHale and Queen Mary University of London, UK
Contents
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
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
