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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
  • Edited by Stavros Brekoulakis, Queen Mary University of London, Georgios Dimitropoulos
  • Book:
    International Commercial Courts
    Published online:
    14 April 2022
    Print publication:
    21 April 2022, pp 73-88

  • 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.