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This book investigates the tensions between EU law and
international commercial arbitration, i.e. tensions between two
phenomena at opposite ends of the public to private ordering
continuum. It focuses on the Commercial Agents Directive's regime
for indemnity and compensation as one of the most frequent source
of these tensions. To mitigate the consequential problems, the book
proposes and describes a comprehensive framework for a preferable
system of reviewing arbitration agreements and arbitral awards. To
this end, it explores the prerequisites of this system through
comparative legal analysis of the German, Belgian, French and
English systems of review, an assessment of the observable aspects
of arbitral practice, game theoretical analysis of the arbitral
process, and microeconomic analysis of the cross-border market for
commercial agency.
This book investigates the tensions between EU law and
international commercial arbitration, i.e. tensions between two
phenomena at opposite ends of the public to private ordering
continuum. It focuses on the Commercial Agents Directive's regime
for indemnity and compensation as one of the most frequent source
of these tensions. To mitigate the consequential problems, the book
proposes and describes a comprehensive framework for a preferable
system of reviewing arbitration agreements and arbitral awards. To
this end, it explores the prerequisites of this system through
comparative legal analysis of the German, Belgian, French and
English systems of review, an assessment of the observable aspects
of arbitral practice, game theoretical analysis of the arbitral
process, and microeconomic analysis of the cross-border market for
commercial agency.
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