The Limits of International Commercial Arbitration in EU Law: Between Autonomy and Integration

Vukadinović Marković, Jelena (2026) The Limits of International Commercial Arbitration in EU Law: Between Autonomy and Integration. Godišnjak Fakulteta pravnih nauka, 16 (16). pp. 165-178. ISSN 2232-9668

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Abstract

The relationship between international commercial arbitration and EU law has evolved from complete separation to an increasingly close interconnection. Although arbitration formally remains outside the Union’s institutional framework, EU law has a significant impact on arbitral proceedings, particularly when determining the jurisdiction of arbitral tribunals. This article aims to provide a comprehensive analysis of the position of arbitral tribunals within the EU legal order and to examine how EU law influences the arbitral process. The research employs normative, doctrinal, analytical and comparative legal methods, supplemented by an analysis of the case law of the Court of Justice of the European Union and selected national courts. The article is based on the premise that, despite being formally absent from the Union’s institutional structure, arbitral tribunals functionally participate in the application of EU law through indirect mechanisms, primarily by applying overriding mandatory rules and EU public policy when determining arbitral jurisdiction. Furthermore, the article demonstrates that the absence of a uniform normative framework, particularly with regard to the ability of arbitral tribunals to refer preliminary questions to the Court of Justice of the European Union, leads to the fragmentation of EU law and legal uncertainty. Finally, the article emphasises the need for a more coherent approach that reconciles party autonomy with the requirement for the uniform application of EU law.

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