EU Law and International Arbitration: Managing Distrust Through Dialogue

This timely book addresses the main areas of tension between EU law and international arbitration, looking at both commercial and investment treaty arbitration. It opens pathways for practical solutions based on communication between the different regimes. At the same time, it offers a sound theoretical basis that allows for addressing the core problem as normative conflict between legitimate public interests and the ‘privatisation of justice’.
The book is divided into five parts. It introduces key aspects of the overall tension between EU law and international arbitration, before setting out the theoretical framework, arguing that EU law, international commercial arbitration, and investment treaty arbitration are operationally closed systems. The author then addresses the core problem of finding the limits to contracting out of the EU legal order, which is linked to the question of trust-building and hence the legitimacy of the respective legal regimes. The book concludes with a short summary of each chapter and key theses.
Combining a theoretical and normative stance with a more pragmatic approach to very topical issues, this book offers invaluable insights for academics and practitioners, private and public, commercial and investment treaty lawyers alike.