Bermann Calls Conflict Between EU And Int'l Law A 'Stalemate'

Law360 (November 20, 2020, 10:27 PM EST) -- The conflict between European Union law and international arbitration has become a "particularly challenging challenge," according to Columbia Law School professor George A. Bermann, who characterized the interplay between the two as a "stalemate" without an obvious answer during a keynote speech Friday.

Speaking at the Fordham International Arbitration and Mediation Conference held during New York Arbitration Week, Bermann referred in his speech to a conflict that crystallized in early 2018, when Europe's highest court concluded that arbitration clauses in bilateral investment treaties, or BITs, between EU member states are contrary to EU law.

Since then, international arbitration tribunals ruling in...

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