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 11: THE POTENTIAL IMPACT OF DIRECTIVE 2014/24/EU ON CONSTRUCTION ARBITRATION IN EUROPE

Luis Capiel and Oliver Cojo

Abstract

Public procurement procedures relating to a number of construction contracts are subject to Directive 2014/24/EU. There is space for the Directive to have an impact on arbitration since disputes arising from those contracts may contain an arbitration agreement. In particular, the increasing cross-border interaction of public procurement procedures fostered by the Directive is expected to result in more construction contracts between parties from different EU countries, which are likely to agree on arbitration to resolve their disputes. This may contribute to the growth of construction arbitration at EU level. Further, since the Directive seeks to encourage various construction contracts being entered into with different parties in the context of a single project and the disputes generated by those contracts will sometimes end up in the same arbitration, the number of complex arbitrations involving multiple parties or multiple contracts may increase as a result of the Directive.

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