Abstract

This paper argues that there is a widening procedural gap between the international arbitration framework and European Union ('EU') law, leading to the erosion of the Court of Justice of the European Union ('CJEU')'s legitimacy. The gap is caused not only by the inability of arbitral tribunals to refer preliminary references to the Court (because they do not fit into the CJEU's understanding of a 'court or tribunal' per Article 267 TFEU) but also by the EU's stronger claims to autonomy, and its extraterritoriality ventures. The paper critically analyses how the Achmea dimension grew to ...