FEATURES OF INTERACTION OF EUROPEAN UNION LAW AND INTERNATIONAL COMMERCIAL ARBITRATION
Journal Title: Правова держава - Year 2017, Vol 25, Issue
Abstract
The article is devoted to the analysis of the interaction of the EU law and International Commercial Arbitration. Have been considered the features of implementation of arbitration procedures in the EU law, application of the EU law by International Commercial Arbitration, influence of the EU law on the mechanism of recognition and enforcement of arbitral awards on the territory of the EU. The analysis of the latest researches and case law demonstrates that the application of the EU law by International Commercial Arbitration is possible in three forms: lex voluntatis, lex arbitri, lex causae. The application of the EU law in the form of lex causae is followed by the risks of possible infringement of the guiding arbitration principles – party autonomy and public policy that may be considered as a reason for refusal in recognition and enforcement of arbitral award. In the article have been considered the options of optimization of the procedure of recognition and enforcement of arbitral award on the territory of the EU and the possibility to apply the regulations of the EU on jurisdiction and the recognition and enforcement of judgments on the transnational level, in particular the Regulation No. 44/2001, to the awards of International Commercial Arbitration Courts.
Authors and Affiliations
O. V. Koch
Keywords
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