CELS Lunchtime Seminar: 'Does the EU Interfere with Commercial Arbitration'

Speaker: Professor Morten Broberg, University of Copenhagen. 

Title: "Does the EU Interfere with Commercial Arbitration"

Abstract:  Does EU law interfere with commercial arbitration – And if so, how and to what extent? This CELS lunch-time seminar will show that, indeed, EU law interferes with commercial arbitration in several different ways. First of all, commercial arbitration tribunals are obligated to take fundamental EU law into account when rendering their arbitral awards and in this context the scope of fundamental EU law is fairly wide. Secondly, the seminar will more generally show that it is important that commercial arbitration tribunals are aware that if an arbitral award does not take EU law into account, it runs a real risk of being set aside during subsequent review by ordinary courts. Thirdly, the seminar will consider the situation where a Member State has been party to the arbitration proceedings, or the arbitration tribunal has been established through the intervention of one or more Member States since these situations are subject to particularly strict assessments. Finally, the seminar will critically consider to what extent arbitration tribunals can submit preliminary references to the Court of Justice under Article 267 TFEU.

Enquiries to: cels@law.cam.ac.uk