EU Law and International Arbitration

Managing Distrust Through Dialogue

Konstanze von Papp (Hamburg University of Applied Sciences, Germany)

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English

Hart Publishing
17 November 2022

International law; International arbitration

"""Eminently readable. One need look nowhere else. I regularly teach

courses on this subject and have encountered no work that comes close to

achieving what von Papp has achieved."" George A Berman, Columbia Law School, European Law Review

This timely book addresses the main areas of tension between EU law and international arbitration, looking at both commercial and investment treaty arbitration. It opens pathways for practical solutions based on communication between the different regimes. At the same time, it offers a sound theoretical basis that allows for addressing the core problem as normative conflict between legitimate public interests and the ‘privatisation of justice’.

The book is divided into five parts. It introduces key aspects of the overall tension between EU law and international arbitration, before setting out the theoretical framework that understands EU law, international commercial arbitration, and investment treaty arbitration as closed regimes. The author then addresses the core problem of finding the limits to contracting out of the EU legal regime, both on a jurisdictional and a substantive level. This is then linked to the question of trust-building in legal outcomes of the relevant regimes. The book concludes with a short summary and key theses.

Combining a theoretical and normative with a more pragmatic approach to very topical issues, this book offers invaluable insights for academics and practitioners, private and public, commercial and investment treaty lawyers alike."

By: Konstanze von Papp (Hamburg University of Applied Sciences Germany)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509947140
ISBN 10: 1509947140
Pages: 208
Publication Date: 17 November 2022
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Konstanze von Papp is Professor of Public and European Union Law at Hamburg University of Applied Sciences.

Reviews for EU Law and International Arbitration: Managing Distrust Through Dialogue

Konstanze von Papp has done a remarkable job of taking us through this complicated high-stakes conflictual landscape. She has managed in an admirably slim book to address all aspects of the divisive EU-international arbitration relationship. Despite the slimness, the book is genuinely comprehensive, taking into account, virtually without exception, all the relevant case law and literature. It is also eminently readable. One need look nowhere else. I regularly teach courses on this subject and have encountered no work that comes close to achieving what von Papp has achieved. -- George A Bermann, Columbia Law School * European Law Review *