The Impact of EU Law on International Commercial Arbitration
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many years, it seemed almost a truism to state that EU law and the law of
international arbitration were two very distinct areas of law that did not
intersect. Most believed each area pursued its own course without impacting on
the other. However, a series of matters on which the international arbitral
regime and the European Union part ways and, indeed, enter into serious
conflict have emerged. The chapters in The Impact of EU Law, which were
initially presented at a conference hosted by NYU’s Center for Transnational
Litigation, Arbitration and Commercial Law, show that these areas of law are
becoming ever more interconnected and that the impact of EU law on the law of
international arbitration can be felt over the course of all stages of an
international arbitration, from the pre-award stage to the post-award stage--an
influence further exacerbated by the dilemma of arbitral tribunals and national
courts when facing conflicting mandates from the law of international
arbitration and the law of the European Union. Furthermore, and the
contributions in this volume make this abundantly clear, EU law has not only
impacted international arbitrations seated in EU Member States, but has also
influenced arbitrations seated around the world, a fact that makes The Impact of EU Law
required reading for all practitioners, arbitrators and all other stakeholders
in the arbitration process world-wide.
Franco Ferrari is a Professor of Law and the Director of the Center for Transnational Litigation, Arbitration and Commercial Law at New York University School of Law. Prof. Ferrari joined NYU on a full-time basis in September 2010, after serving as visiting professor for various years. Previously, he was chaired professor of comparative law at Tilburg University in the Netherlands and Bologna University as well as professor of international law at Verona University in Italy. After serving as member of the Italian Delegation to various sessions of the United Nations Commission on International Trade Law (UNCITRAL) from 1995 to 2000, he served as Legal Officer at the United Nations Office of Legal Affairs, International Trade Law Branch (2000-2002), with responsibility for numerous projects, including the preparation of the UNCITRAL Digest on Applications of the UN Sales Convention (2004 edition). Prof. Ferrari has published more than 280 law review articles in various languages and 18 books in the areas of international commercial law, conflict of laws, comparative law and international commercial arbitration. He is a member of the editorial board of various peer reviewed European law journals (Internationales Handelsrecht, European Review of Private Law, Contratto e impresa, Contratto e impresa/Europa, Revue de droit des affaires internationales). He also acts as arbitrator both in international commercial arbitrations and investment arbitrations.
José E. Alvarez
George A. Bermann
Pedro A. De Miguel Asensio
Luca Radicati di Brozolo
Marta Requejo Isidro
Friedrich Jakob Rosenfeld