Arbitration in Europe

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This Overview signposts core analysis, precedents and checklists on arbitration in Europe, with links to jurisdictional materials. Europe remains a principal venue for commercial and investment arbitration, underpinned by the New York Convention 1958, the European Convention on International Commercial Arbitration 1961, and national regimes - many aligned with the UNCITRAL Model Law (eg Germany and many CEE states), alongside distinctive frameworks such as the Arbitration Act 1996 (England and Wales), the French Code of Civil Procedure and Switzerland’s Private International Law Act. Practitioners must navigate the interface with EU law. The Brussels I Recast preserves an arbitration exclusion, yet CJEU case law (West Tankers, Gazprom) shapes anti - suit strategies and the reach of court judgments. Intra‑EU investment arbitration has been curtailed by Achmea and Komstroy, with consequent issues on jurisdiction, enforcement and State aid (including the Micula litigation). Key practical topics include seat selection, arbitrability, tribunal appointment, confidentiality, evidence (including GDPR constraints), interim measures and court support, set‑aside standards, and public policy - competition, sanctions and corruption. Enforcement strategy requires attention to sovereign immunity, asset tracing and parallel proceedings across multiple European jurisdictions....

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