European Union Law and International Arbitration at a Crossroads
It is no exaggeration to describe the relationship between the European Union and international arbitration as the most dramatic confrontation between two international legal regimes seen in a great many years. International law scholars commonly lament the “fragmentation” of international law, i.e., the co-existence of multiple international legal regimes whose competences overlap and whose policies may differ, resulting in a degree of regulatory disorder. However, seldom do these regimes actually “collide.” By contrast, the two international regimes in which we are interested this evening— international arbitration and the European Union—may be described, without hyperbole, as on a collision course. Arguably, the collision has already occurred.
Please be aware that significant developments have occurred since this Essay was written. Therefore, this Essay only takes into consideration events occurring through January 1, 2019.
George A. Bermann, European Union Law and International Arbitration at a Crossroads, 42 Fordham Int'l L.J. 967 (2019).
Available at: https://ir.lawnet.fordham.edu/ilj/vol42/iss3/7