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

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