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3 - Transnational Adjudication and the Court of Justice of the European Union

from Part I - A Contextual Perspective to International Commercial Courts

Published online by Cambridge University Press:  14 April 2022

Stavros Brekoulakis
Affiliation:
Queen Mary University of London
Georgios Dimitropoulos
Affiliation:
Hamad Bin Khalifa University
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Summary

The keystone of the European Union (EU) judicial order is Article 267 of the Treaty of the Functioning of the European Union (TFEU) whereby a court or tribunal of a Member State can, and in certain circumstances must, refer to the Court of Justice of the EU (CJEU) for a preliminary ruling a question of EU law that is necessary in order to enable the national court to give judgment in the case before it. This chapter explains what bodies, including an arbitral tribunal, constitute a court or tribunal for the purposes of that Article. It then examines the relationship between investor-state dispute resolution mechanisms, contained in the EU trade and investment agreements, and the EU judicial system. Finally, the chapter considers how the new national commercial courts that have been established in some Member States of the EU are likely to operate within the EU judicial system.

Type
Chapter
Information
International Commercial Courts
The Future of Transnational Adjudication
, pp. 73 - 88
Publisher: Cambridge University Press
Print publication year: 2022

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