EU law in international arbitration—the example of Switzerland

Abstract This article identifies current issues of EU law in Swiss international arbitration and suggests solutions as they may be apprehended. It first provides a brief overview of EU law which is likely to affect Swiss international arbitration. This comprises the treatment under EU law, and therefore under EU Member State law, of public international law contrary to fundamental EU law, as well as the EU law duties imposed on EU Member States, in particular their courts. Secondly, EU law issues are identified and examined, in the order of the events arising in arbitrations and their result: the arbitration agreement, jurisdiction, the substantive proceedings, then challenges to and the enforcement of arbitration awards. This article covers investment, commercial, and sports arbitration and addresses the extent to which any EU law requirements established in one of these types of arbitration may also apply in any of the others.