EU Law in International Arbitration: Referrals to the European Court of Justice

Journal of International Arbitration (J.Int'l Arb.), Vol. 32, No. 4, pp. 367-386, 2015

Max Planck Private Law Research Paper No. 15/16

22 Pages Posted: 20 Aug 2015 Last revised: 4 Apr 2016

See all articles by Jürgen Basedow

Jürgen Basedow

Max Planck Institute for Comparative and International Private Law

Abstract

While the courts of Member States are enabled or even required to submit preliminary questions concerning the interpretation of EU law to the Court of Justice of the European Union such referrals have traditionally been held inadmissible where made by arbitration panels. The article highlights a gradual softening of the Court of Justice’s position on this matter which would allow arbitral tribunals in investment protection proceedings to address the Court of Justice already at present. It further outlines some fundamental changes in the overall environment of commercial arbitration which should lead to a reversal of the Court’s position also in this field.

Note: This article is published in the Max Planck Private Law Research Paper Series with the permission of the rights owner, Kluwer Law International.

Keywords: International Arbitration, Court of Justice of the European Union, arbitral tribunals, preliminary rulings, international economic law, commercial arbitration, investment arbitration

Suggested Citation

Basedow, Jürgen, EU Law in International Arbitration: Referrals to the European Court of Justice. Journal of International Arbitration (J.Int'l Arb.), Vol. 32, No. 4, pp. 367-386, 2015; Max Planck Private Law Research Paper No. 15/16. Available at SSRN: https://ssrn.com/abstract=2642805

Jürgen Basedow (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, 20148
Germany

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