International Arbitration and EU Law / Nikos Lavranos and Stefano Castagna, editors.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Lavranos, Nikos, editor.

Castagna, Stefano, editor.

Series:

Elgar Arbitration Law and Practice Series

Language:

English

Subjects (All):

Commercial treaties.

International and municipal law--European Union countries.

International and municipal law.

International commercial arbitration--European Union countries.

International commercial arbitration.

Investments, Foreign--Law and legislation--European Union countries.

Investments, Foreign.

Physical Description:

1 online resource (616 pages)

Edition:

Second edition.

Place of Publication:

Cheltenham, England : Edward Elgar Publishing Limited, [2024]

Summary:

"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 alternative dispute settlement mechanisms in investment treaties. An analysis of the relevance of EU law on the validity of international agreements to arbitrate. Discussion of proposals to support climate responsive international investment and commercial arbitration regime. 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. 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 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. 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"-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Extended Contents

Contributors

Foreword to the Second Edition

Preface to the Second Edition

Introduction

Table of cases

Table of legislation

PART I INTERSECTIONS BETWEEN INTERNATIONAL COMMERCIAL ARBITRATION AND EU LAW

Chapter 1 Interaction between international commercial arbitration and EU law before the award is rendered

Chapter 2 The impact of EU law on challenges, recognition and enforcement of international commercial awards

Chapter 3 The relationship between anti-suit relief, EU law and the New York Convention

Chapter 4 Collective redress arbitration in the European Union

Chapter 5 The potential impact of Directive 2014/24/EU on construction arbitration in Europe

Chapter 6 'Consumer protection' in international arbitration and EU law

Chapter 7 Arbitration in antitrust damages cases in the European Union

PART II INTERSECTIONS BETWEEN INTERNATIONAL INVESTMENT ARBITRATION AND EU LAW

Chapter 8 General aspects of investor-state dispute settlement

Chapter 9 Investment Chapter in CETA: groundbreaking or much ado about nothing?

Chapter 10 Investment arbitration under intra-EU BITs

Chapter 11 Arbitration under the Energy Charter Treaty: the impact of EU law

Chapter 12 Procedural issues: annulment, recognition and enforcement of investment treaty awards (ICSID and non-ICSID)

Chapter 13 The multilateral investment court

PART III CROSS CUTTING ISSUES

Chapter 14 Essential elements of taxation: investment protection and dispute settlement

Chapter 15 Damages in international commercial and investment treaty arbitration

Chapter 16 Towards a climate responsive international investment and commercial arbitration regime

Chapter 17 The impact of EU law on international commercial mediation.

Chapter 18 Dispute prevention mechanisms in investment treaties: a solution fit for the future of ISDS

Bibliography

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references and index.

ISBN:

1-03-531657-9