Legal Instruments and Practice of Arbitration in the EU

312 Pages Posted: 30 Jul 2015

See all articles by Tony Cole

Tony Cole

University of Leicester Law School

Ilias Bantekas

Brunel University London - Brunel Law School

Federico Ferretti

Brunel University London - Brunel Law School

Christine Riefa

Brunel University - Brunel Law School

Barbara Alicja Warwas

The Hague University of Applied Sciences

Pietro Ortolani

Radboud University

Date Written: November 14, 2014

Abstract

This Study was prepared for the JURI Committee of the European Parliament, and was published by the Parliament in February 2015. It investigates the law and practice of arbitration across the European Union and Switzerland, at both a national level and at the level of the European Union. It includes an in-depth examination of the practice and the laws relating to arbitration in each Member State of the European Union and Switzerland, as well as an examination of the involvement of Member States and the European Union in arbitration. It addresses not only commercial arbitration, but also investment arbitration and consumer arbitration.

The Study was undertaken and drafted from November 2013 to September 2014, and includes information developed through academic research, the largest empirical study ever undertaken of arbitration practitioners (receiving nearly 900 respondents, from every State in the EU and Switzerland), in-person visits to roughly 20 of the leading arbitral institutions in Europe, questionnaires from additional institutions, and a day-long conference on consumer arbitration involving participants from across the European Union and the United States.

The Study 312 pages long, with 302 further pages of Annex material (including a 116 page narrative commentary on the arbitration laws of every State in the EU plus Switzerland). Among other specific findings, it broadly concludes that while substantial harmony exists across the European Union at both the level of law and practice, arbitration in the European Union is predominantly regional, rather than transnational. It also concludes that investment arbitration is often a beneficial feature of investment agreements, although the terms of such agreements must be carefully designed.

The Annexes for this paper are available at the following URL: http://ssrn.com/abstract=2637320

The Survey Responses (by Country) for this paper are available at the following URL: http://ssrn.com/abstract=2637333

The Survey Responses (EU-Wide) for this paper are available at the following URL: http://ssrn.com/abstract=2637356

Keywords: Arbitration, Europe

JEL Classification: J52, K33

Suggested Citation

Cole, Tony and Bantekas, Ilias and Ferretti, Federico and Riefa, Christine and Warwas, Barbara Alicja and Ortolani, Pietro, Legal Instruments and Practice of Arbitration in the EU (November 14, 2014). Available at SSRN: https://ssrn.com/abstract=2637305 or http://dx.doi.org/10.2139/ssrn.2637305

Tony Cole (Contact Author)

University of Leicester Law School ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

Ilias Bantekas

Brunel University London - Brunel Law School ( email )

Kingston Lane
Elliott Jaques Building
Uxbridge, Middlesex UB8 3PH
United kingdom

Federico Ferretti

Brunel University London - Brunel Law School ( email )

Kingston Lane
Elliott Jaques Building
Uxbridge, Middlesex UB8 3PH
United Kingdom

Christine Riefa

Brunel University - Brunel Law School ( email )

Kingston Lane
Elliott Jaques Building
Uxbridge, Middlesex UB8 3PH
United Kingdom

HOME PAGE: http://www.brunel.ac.uk/people/christine-riefa

Barbara Alicja Warwas

The Hague University of Applied Sciences ( email )

Johana Westerdijkplein 75
The Hague, Zuid Holland 2521 EN
Netherlands

Pietro Ortolani

Radboud University ( email )

Montessorilaan 10
Nijmegen
Netherlands

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