Arbitration Under art. 81 of the Treaty on the Functioning of the European Union

Giulio Palermo, LLM in International Commercial Arbitration, Stockholm University, Sweden

The purpose of this article is to analyze whether the EU judicial system is able to ensure the correct application of art. 81 of the Treaty of Functioning of the European Union’s (TFEU) to international commercial arbitrations. As the result of this analysis is negative, a few proposals will be suggested that aim to ensure the correct application of both EU and arbitration law principles.

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Sweden Regulation Academic September 2011 Vol. 4, No. 16, Summer 2011

Giulio Palermo

Giulio Palermo’s practice encompasses most aspects of national and international commercial litigation and arbitration with a special focus on recognition and enforcement of both foreign awards and judgments, interim measures and debt recovery. Recently he has been involved in two investment treaty arbitrations under ICSID and NAFTA. From an academic perspective he mostly focused his research on conflict of law and jurisdictions in international commercial arbitration with a special focus on the interface between New York Convention and TFEU's art.81. He is graduated both in Italian and Spanish law and he holds two LLM degree in International Legal Practice from IE Law School and in International Commercial arbitration from Stockholm University. He frequently participates as an arbitrator at the Willem C. Vis International Commercial Arbitration Moot in Wien (AUT) and the International Commercial Arbitration Moot in Madrid (SPA). The views expressed in the present article are personal to the author who would welcome comments at giulio.palermo@mail.com.

Stockholm University

Sweden Regulation Academic September 2011 Vol. 4, No. 16, Summer 2011