'The EEA Agreement and the EEA Institutions' - Professor Morten Broberg: CELS Seminar

Cambridge Centre for European Legal Studies (CELS) Podcast

Faculty of Law, University of Cambridge

Business, Education, Society & Culture

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🗓️ 16 October 2019

⏱️ 38 minutes

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Summary

Professor Morten Broberg of the University of Copenhagen gave a seminar on Wednesday 16 October 2019 as a guest of CELS. Does EU law interfere with commercial arbitration – And if so, how and to what extent? This CELS lunch-time seminar will show that, indeed, EU law interferes with commercial arbitration in several different ways. First of all, commercial arbitration tribunals are obligated to take fundamental EU law into account when rendering their arbitral awards and in this context the scope of fundamental EU law is fairly wide. Secondly, the seminar will more generally show that it is important that commercial arbitration tribunals are aware that if an arbitral award does not take EU law into account, it runs a real risk of being set aside during subsequent review by ordinary courts. Thirdly, the seminar will consider the situation where a Member State has been party to the arbitration proceedings, or the arbitration tribunal has been established through the intervention of one or more Member States since these situations are subject to particularly strict assessments. Finally, the seminar will critically consider to what extent arbitration tribunals can submit preliminary references to the Court of Justice under Article 267 TFEU. For more information see the CELS website at http://www.cels.law.cam.ac.uk/

Transcript

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0:00.0	Good afternoon, everyone. My name is Sophie Turin, and I'm co-debted director of the Centre of European Legal Studies.
0:12.0	It's in this capacity that I'm here to introduce our first speaker for our weekly seminar in European Legal Studies.
0:19.6	And it is with great pleasure and I welcome
0:21.8	Professor Malton Broberg from the University of Copenhagen and Professor Broberg's
0:28.1	research focuses on two not virtually exclusive two areas European law and
0:34.0	international development law and you have in particular written an impressive and important book
0:40.3	on preliminary references of justice.
0:43.3	Second edition was published in 2014.
0:47.3	Professor Broaddard will talk today about arbitration,
0:52.3	the relationship between EU law and arbitration
0:55.8	tribunals on the basis of the Court of Justice case law in this area.
1:01.6	It is a highly topical area, especially as we consider the possibility of challenging a
1:08.4	tribunal award by making a preliminary reference for justice.
1:13.6	And at a very personal level, I'm very grateful to you for choosing to talk about something
1:19.6	which doesn't have yet connected to the current Brexit discussion we're having here pretty much every day. And without further ado, the floor is yours.
1:29.3	Right, thank very much, Sophie.
1:31.3	And thank you to Salis for inviting me to give this presentation.
1:37.3	Now, Supervisor said this is not about Brexit.
1:41.3	Actually, I was thinking how are we going to put Britain into this if when
1:49.1	Britain is leaving the European Union, there is a paper out that you can have one way or the other.
1:59.6	And I've actually tried to show that this is still relevant also from a UK perspective
2:05.6	being outside the European Union.
	...

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