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Acknowledgements; Contents; Abbreviations; Chapter 1: Introduction; 1.1 Arbitration and Mandatory Substantive EU Law; 1.1.1 Example: EU Competition Law; 1.1.1.1 Arbitral Practice; 1.1.1.2 Judicial Review; 1.1.2 Arbitral Tribunals Confronted with EU Law; 1.2 Scope of the Inquiry; 1.2.1 International Commercial Arbitration; 1.2.2 Substantive Mandatory Law and Overriding Mandatory Provisions; 1.2.3 Substantive Mandatory EU Law and Focus on Arts 17 to 19 Commercial Agents Directive; 1.2.4 Questions Addressed in This Inquiry; 1.3 Methodology; 1.3.1 Comparative Legal Analysis
1.3.2 Law and EconomicsReferences; Chapter 2: Balancing Party Autonomy and EU Law in the Member States ́System of Review; 2.1 System of Review and Substantive Mandatory Law; 2.1.1 Pre-award Review; 2.1.1.1 The Measure of Review in Pre-award Review; 2.1.1.1.1 Null and Void Arbitration Agreement; 2.1.1.1.2 Arbitrability; 2.1.1.2 Level of Pre-award Scrutiny; 2.1.1.3 The System of Pre-award Review in Selected Member States; 2.1.1.3.1 Pre-award Review in Germany; 2.1.1.3.2 Pre-award Review in France; 2.1.1.3.3 Pre-award Review in Belgium; 2.1.1.3.4 Pre-award Review in England; 2.1.1.4 Conclusion
2.1.2 Post-award Review2.1.2.1 Idiosyncrasies of Post-award Review in Annulment Proceedings and Enforcement Proceedings; 2.1.2.1.1 Annulment Proceedings; 2.1.2.1.2 Enforcement Proceedings; 2.1.2.2 Common Elements of Post-award Review in Light of Substantive Mandatory Law; 2.1.2.2.1 Measure of Post-award Review; 2.1.2.2.1.1 Public Policy; 2.1.2.2.1.2 Arbitrability; 2.1.2.2.1.3 Invalidity of the Arbitration Agreement; 2.1.2.2.2 Level of Post-award Scrutiny; 2.1.2.3 The System of Post-award Review in Selected Member States; 2.1.2.3.1 Post-award Review in Germany
2.1.2.3.2 Post-award Review in France2.1.2.3.3 Post-award Review in Belgium; 2.1.2.3.4 Post-award Review in England; 2.1.2.4 Conclusion; 2.2 The Specific Influence of EU Law on the System of Review; 2.2.1 The Status of International Commercial Arbitration in EU Law; 2.2.2 EU and Its Member States ́Substantive Legal Orders; 2.2.2.1 The Member States ́Legal Order and EU Law; 2.2.2.1.1 Primacy; 2.2.2.1.2 Direct Effect; 2.2.2.1.3 Consistent Interpretation; 2.2.2.2 General Principles at the Interface with International Commercial Arbitration
2.2.3 EU Law Constraints on the Procedure of Reviewing Arbitration Agreements and Arbitral Awards2.2.3.1 Procedural Autonomy; 2.2.3.2 Preliminary Reference; 2.2.3.3 The Review of Arbitration Agreements and Arbitral Awards; 2.2.3.3.1 Existence of Review; 2.2.3.3.2 Conditions of Review; 2.2.3.3.2.1 The Principle of Equivalence and the Measure of Review; 2.2.3.3.2.2 The Principle of Effectiveness and the Level of Scrutiny; 2.2.4 EU Law Constraints on the System of Review Through Conflict of Laws Rules
1.3.2 Law and EconomicsReferences; Chapter 2: Balancing Party Autonomy and EU Law in the Member States ́System of Review; 2.1 System of Review and Substantive Mandatory Law; 2.1.1 Pre-award Review; 2.1.1.1 The Measure of Review in Pre-award Review; 2.1.1.1.1 Null and Void Arbitration Agreement; 2.1.1.1.2 Arbitrability; 2.1.1.2 Level of Pre-award Scrutiny; 2.1.1.3 The System of Pre-award Review in Selected Member States; 2.1.1.3.1 Pre-award Review in Germany; 2.1.1.3.2 Pre-award Review in France; 2.1.1.3.3 Pre-award Review in Belgium; 2.1.1.3.4 Pre-award Review in England; 2.1.1.4 Conclusion
2.1.2 Post-award Review2.1.2.1 Idiosyncrasies of Post-award Review in Annulment Proceedings and Enforcement Proceedings; 2.1.2.1.1 Annulment Proceedings; 2.1.2.1.2 Enforcement Proceedings; 2.1.2.2 Common Elements of Post-award Review in Light of Substantive Mandatory Law; 2.1.2.2.1 Measure of Post-award Review; 2.1.2.2.1.1 Public Policy; 2.1.2.2.1.2 Arbitrability; 2.1.2.2.1.3 Invalidity of the Arbitration Agreement; 2.1.2.2.2 Level of Post-award Scrutiny; 2.1.2.3 The System of Post-award Review in Selected Member States; 2.1.2.3.1 Post-award Review in Germany
2.1.2.3.2 Post-award Review in France2.1.2.3.3 Post-award Review in Belgium; 2.1.2.3.4 Post-award Review in England; 2.1.2.4 Conclusion; 2.2 The Specific Influence of EU Law on the System of Review; 2.2.1 The Status of International Commercial Arbitration in EU Law; 2.2.2 EU and Its Member States ́Substantive Legal Orders; 2.2.2.1 The Member States ́Legal Order and EU Law; 2.2.2.1.1 Primacy; 2.2.2.1.2 Direct Effect; 2.2.2.1.3 Consistent Interpretation; 2.2.2.2 General Principles at the Interface with International Commercial Arbitration
2.2.3 EU Law Constraints on the Procedure of Reviewing Arbitration Agreements and Arbitral Awards2.2.3.1 Procedural Autonomy; 2.2.3.2 Preliminary Reference; 2.2.3.3 The Review of Arbitration Agreements and Arbitral Awards; 2.2.3.3.1 Existence of Review; 2.2.3.3.2 Conditions of Review; 2.2.3.3.2.1 The Principle of Equivalence and the Measure of Review; 2.2.3.3.2.2 The Principle of Effectiveness and the Level of Scrutiny; 2.2.4 EU Law Constraints on the System of Review Through Conflict of Laws Rules