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The EU Rule of Law Conundrum

The EU Rule of Law Conundrum.
How to balance Judicial Review and Arbitration Certainty?

Speaker: Ramūnas Audzevičius

Format: Fireside chat

Courts of EU Member States have recently been encouraged by the CJEU to take a more active role in reviewing arbitral awards in order to ensure effective judicial protection of the principles and provisions that form part of EU public policy. This development raises important questions from a rule of law perspective: to what extent does enhanced judicial scrutiny safeguard fundamental values such as legality, accountability, and effective protection of rights, and at what point might it begin to undermine legal certainty, finality, and party autonomy in arbitration?