Dancing with the Devil: Dealing with the CJEU Case Law in International Arbitration

Speaker: Ulrike Gantenberg

The CJEU’s jurisprudence is exerting a profound and intensifying influence on international arbitration across multiple fronts. Decisions such as Pechstein, Achmea, and Komstroy have led to a series of award annulments and enforcement restrictions within the EU. Further pending decisions, including the Reibel case, are creating significant uncertainty for commercial arbitration in the context of the EU sanctions regime. This panel will explore the most pressing issues arising from the CJEU’s jurisprudence and how to address its impact in practice.