EU Law and International Arbitration : Managing Distrust Through Dialogue (Hardcover)

Interim Table of Contents Chapter 1: Introduction I The EU and international arbitration in the international legal system A The EU as supranational entity B International arbitration as part of international law II Restrictions on international arbitration by the EU's judicial system A The role of the Court of Justice of the EU B 'Party autonomy' challenged by EU judicial supremacy III The Public/Private divide A Distinguishing treaty-based from commercial arbitration B Contractual and jurisdictional theories of arbitration IV Privatisation of justice within the EU? A EU law as transnational law B The doctrine of non-arbitrability in international commercial arbitration C The legitimacy debate in investment treaty arbitration D Developing an EU arbitral model through dialogue Chapter 2: The nature of EU law and international arbitration I Theoretical framework A The contribution of regime theory B Core insights from systems theory C The primacy and autonomy of EU law revisited D Arbitration agreements as self-validating contracts? II Arbitrability from a transnational law perspective A Contracting out of the law: normative considerations B Limits to arbitrability: contracting out of a legal regime? Chapter 3: Contracting out of the EU legal regime I EU law and International Commercial Arbitration A The Brussels (Recast) Regulation and its arbitration exception: a contractual paradigm? B The reach of EU public policy: what is left of party autonomy? II EU law and Investment Treaty Arbitration A EU autonomy and mutual trust as pillars for EU self-preservation B The reach of Article 344 TFEU: an overarching EU law paradigm for non-arbitrability? Chapter 4: Building trust in legal outcomes of EU law and international arbitration I The challenges A The problem of legitimacy in a transnational context B Fundamental risk for the international legal system II Ensuring critical self-reflection through outward engagement A Institutionalised dialogue B Building structure through common concepts Chapter 5: Conclusion and key theses