The Application of EC Law in Arbitration Proceedings by Natalya Shelkoplyas

Abstract

The Application of EC Law in Arbitration Proceedings, by Natalya Shelkoplyas. Published by Europa Law Publishing, Groningen (2003, xviii + 488 pp). ISBN 90-76871-16-7. EC law and international arbitration seem to be two different worlds which hardly ever interact. EC law is the result of regulation from above (statutory, positive law) while international arbitration relies on regulation from a lower level (party autonomy). However, the significance of European integration and the relevance of EC law is evidenced in all areas of law including arbitration. Arbitration tribunals, as well as courts performing a supportive or supervisory role, have increasingly to deal with legal rules of a European origin. A number of questions arise in this context. They relate to the application of primary and secondary law, as well as to all other sources of European law including international conventions concluded within the framework of the European Union; they also relate to the position of arbitration tribunals in the structure of European courts. The European Court of Justice (ECJ) has on several occasions been asked to clarify certain aspects of the relationship between arbitration and various aspects of European law. Most of these cases are of fundamental importance.1 One of the fundamental issues in relation to the topic is to establish the landscape and to paint a clear picture: is there any tension between EC law and arbitration? Is there any interaction between arbitration and EC law? Is EC law applicable to arbitration? How is it possible to ensure correct application of EC law by arbitration tribunals if arbitration tribunals cannot take part in any dialogue with the ECJ as national courts do? This is not the first book on the topic2 but it is one of the first monographs in English. A thesis on the topic is timely. Shelkoplyas assumes a difficult task and delivers several results. The book is …