| Abstrakt: |
Summary This article will describe, chronologically, the approach taken by the Court of Justice of the European Union (CJEU) to international arbitration. Despite a promising start, the CJEU has over the past decade taken an increasingly unfriendly approach to international arbitration, both commercial and investment, starting with its 2009 judgement in West Tankers relating to the Brussels I Regulation, which (in 2015) it confirmed in Gazprom, and culminating last year in its Achmea judgment relating to intra-EU bilateral investment treaties. In addition, ominous sounds have been made by Advocates-General of the European Court of Justice (the higher of the two courts that form the CJEU) in relation to the effectiveness of arbitration clauses in relation to cartel damages claims (CDC) and the level of review that national courts need to conduct when reviewing the compatibility of arbitral awards with competition law (Genentech). The author respectfully suggests that the time has come for the pendulum to swing the other way. |
