Sentences with phrase «arbitral tribunals interpret»

What this blogpost strives to do is to take issue with the Court's understanding that arbitral tribunals interpret and apply EU law in ways that pose a threat to its autonomy.

Similarly, the entire judgment and the Court's main conclusion were premised on the situation where an arbitral tribunal interprets and applies EU law, indicating that the judgment has no impact on pending proceedings where EU law plays no (or only an indirect) role.

Not exact matches

As EU law is the «law of the land» of Member States, the Court had no trouble determining that an arbitral tribunal set up according to the BIT's ISDS provisions «may be called on to interpret or indeed to apply EU law, particularly the provisions concerning the fundamental freedoms, including freedom of establishment and free movement of capital» (para. 42).

On 6 March 2018 the Grand Chamber of the CJEU ruled in the Achmea decision (C - 284 / 16) that the bilateral investment treaty (BIT) between The Netherlands and the Slovak Republic violated EU law because it allowed an arbitral tribunal to interpret provisions of EU law in a dispute between investors and (Member) States, while such interpretation...

The only expertise brought by the arbitral tribunal to the process of interpreting the lease was legal expertise, and the court, which is comfortable with interpreting commercial agreements and rightly considers itself expert in doing so, undoubtedly felt that it should have little reluctance in setting the tribunal's award aside.