The Role of the EU in Transnational Legal Ordering
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The Role of the EU in Transnational Legal Ordering

Standards, Contracts and Codes

Edited by Marta Cantero Gamito and Hans -W. Micklitz

This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
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Chapter 4: EU rules and values, transnational legal ordering, and international arbitration

Barbara Warwas

Abstract

This chapter analyses the implications of the changing interplay between arbitration practices and EU policies, rules and standards that apply to arbitration beyond the EU marketplace. It is commonly assumed that the EU’s recent focus on arbitration is a response to changes in arbitration practices. In contrast, my hypothesis posits that arbitration is proactively used by the EU – in particular, the European Commission (EC) – as a tool of transnational legal ordering that promotes EU law beyond its borders. There are two main fields where the EU has recently promoted arbitration: international trade and investment law (broadly referred to as international economic law) and EU-regulated markets, including crossborder consumer redress. The aim of this chapter is to (1) present a summary account of EU policies and rules on arbitration in these fields, (2) demonstrate the increasing power of the EU in governance and the standardization of dispute settlement in international economic law and (3) examine the effect of such power on the development of European regulatory private law beyond EU borders.

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