EU Law and International Arbitration: Managing Distrust through Dialogue (Summary)

7 Pages Posted: 23 Nov 2021

Date Written: May 2, 2021

Abstract

This book chapter summarises the main tensions between EU law and international arbitration. It is based on a systems theoretical explanation of the internal logic of EU law as well as commercial and investment treaty arbitration, arguing that this self-reference must be opened up in order to enable outward engagement. To this end, the summary contains specific suggestions for reform and improvement of the relationship between EU law and international arbitration.

Keywords: EU autonomy, commercial arbitration, investment treaty arbitration, ISDS, systems theory, arbitrability, public policy, legitimacy, non-economic rights, state power to regulate, social fairness

JEL Classification: K12, K20, K33, P45

Suggested Citation

von Papp, Konstanze, EU Law and International Arbitration: Managing Distrust through Dialogue (Summary) (May 2, 2021). Available at SSRN: https://ssrn.com/abstract=3954832 or http://dx.doi.org/10.2139/ssrn.3954832

Konstanze Von Papp (Contact Author)

HAW Hamburg Dept Public Management ( email )

Berliner Tor 5
Hamburg, 20099
Germany

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