Abstract

This paper argues that there is a procedural gap between the international arbitration framework and EU law, caused by the inability of arbitral tribunals to refer preliminary references to the Court because they do not fit into the concept of a 'court or tribunal'. It is submitted that the way in which Article 267 TFEU has been interpreted by the Court has created mistrust in the arbitral process and has reduced its effectiveness, while also contributing to the EU's legitimacy deficit. It will be demonstrated that the Court's line of interpretation poses the risk of inconsistency in the ...