NCJ Number
99318
Journal
Journal of International Arbitration Volume: 2 Issue: 1 Dated: (March 1985) Pages: 21-44
Date Published
1985
Length
25 pages
Annotation
The stance of the European Economic Community (EEC) on international commerical arbitration is discussed within the context of the EEC treaty, the Rome Convention, the Lome II Convention 1979, and the proposed convention between the EEC and its member states and the member states of the Arab League.
Abstract
The Court of Justice and the Commission of the European Communities have emphasized that community law must be uniformly interpreted and applied by both national courts and arbitrators. However, the court has made uniformity difficult by preventing arbitrators from referring questions of community law to it for a preliminary ruling of Article 177 of the EEC Treaty. The commission, on the other hand, has attempted to ensure that arbitral awards correspond with community law, particularly in the field of exempted agreements under Article 85(3) of the Treaty of Rome. Further, mutual recognition and enforcement of arbitral awards in the EEC is established by the adoption of the New York Convention by member states. In the context of these conventions, the EEC has emphasized the importance of arbitration as a means of resolving international commerical disputes. It also has excluded the national courts and the Court of Justice from dealing with disputes arising during the procedure for arbitral award and the performance of the contract. In the proposed convention, however, the EEC has had to compromise its stance regarding the choice between courts and international arbitration and the choice of arbitration rules, giving preference to the United Nations rules (UNICITRAL). Included are 33 footnotes.