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Balancing Party Autonomy and EU Law in the Member States’ System of Review

In: International Commercial Arbitration and the Commercial Agency Directive

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  • Jan Engelmann

Abstract

The interaction of courts with the arbitral process during pre- and post-award review is shaped by the requirement of striking a balance between the goals enshrined in substantive mandatory law and the goal of maintaining arbitration as an effective means of dispute resolution. The former can require courts to limit the autonomy of international arbitration, the latter restricts them in their efforts in this respect. The dichotomy between those two interests becomes complicated where the substantive mandatory provisions have their origins in EU law. Any inquiry into the systems of judicial review needs to take account of this dichotomy—in particular where substantive mandatory EU law intersects with arbitration.

Suggested Citation

  • Jan Engelmann, 2017. "Balancing Party Autonomy and EU Law in the Member States’ System of Review," International Law and Economics, in: International Commercial Arbitration and the Commercial Agency Directive, chapter 0, pages 19-93, Springer.
    • Handle: RePEc:spr:intchp:978-3-319-47449-6_2
    DOI: 10.1007/978-3-319-47449-6_2
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