仲裁法和欧盟法——像石油和水?

Morten Broberg, N. Fenger
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引用次数: 0

摘要

欧盟法和仲裁法之间的关系经常被描述为一种相互冷漠的关系。然而,大约从2010年开始,这两个体系开始通过欧洲法院的某些决定相互影响。这导致一些观察人士认为,这两种制度已经交织在一起。为了确定欧洲法院的决定是否为这一结论提供了依据,本文考虑了两个法律制度在三个不同领域的相互作用。首先,在某些情况下,仲裁庭在裁决争端时是否必须考虑欧盟法律。第二,一个会员国以这样或那样的方式参与仲裁的情况。第三,仲裁庭是否可以根据TFEU向欧洲法院提出所谓的初步参考。虽然对欧盟法和仲裁法之间关系的研究表明,这两种制度之间的相互影响越来越大,但它也表明,相对而言,欧盟法在私人仲裁领域发挥作用的案例数量有限。因此,本文得出结论,仲裁法和欧盟法仍然是不同的法律体系。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Law of Arbitration and EU Law – like Oil and Water?
The relationship between EU law and the law of arbitration has often been described as one of mutual indifference. However, from about 2010, the two systems began to interact with one-another through certain decisions of the CJEU. This led some observers to argue that the two systems had become intertwined. In order to establish whether the decisions of the CJEU provide a basis for such a finding, the present article considers the interaction between the two legal systems in three different areas. Firstly, whether in certain situations an arbitral tribunal must take EU law into consideration when deciding a dispute. Secondly, those situations where, one way or another, a Member State has been involved in the arbitration. Thirdly, the question whether arbitral tribunals can make so-called preliminary references to the CJEU under the TFEU. While the examination of the relationship between EU law and the law of arbitration shows that increasingly the two systems interact with each other, it also shows that in relative terms there are only a limited number of instances where EU law plays a role within the field of private arbitration. The article therefore concludes that the law of arbitration and EU law continue to be distinct legal systems.
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