International Arbitration and EU Law
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International Arbitration and EU Law

Edited by José R. Mata Dona and Nikos Lavranos

This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
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Chapter 5: THE ALLOCATION OF GDPR COMPLIANCE IN ARBITRATION

Alexander Blumrosen

Abstract

European data protection law has invited itself into the world of international arbitration through the broadly defined scope of the GDPR, bringing new risks and challenges to the organization of arbitration proceedings by arbitrators and arbitral institutions. This chapter will review the main requirements of the GDPR as they apply in an arbitration as well as the allocation of responsibility for compliance among the arbitration participants, and will focus on the greatest risk to arbitrations raised by the new EU law: whether GDPR non-compliance in an arbitration could lead to refusal of award enforcement on public policy grounds by national courts.

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