The Review of International Arbitral Awards for Breach of Human Rights and the EU Law, and the Spanish Practice regarding Review of Internal Arbitral Awards Articles uri icon

publication date

  • January 2019

start page

  • 33

end page

  • 53

volume

  • 22

International Standard Serial Number (ISSN)

  • 0928-0634

Electronic International Standard Serial Number (EISSN)

  • 2211-6125

abstract

  • he review of international arbitral awards by the internal jurisdictional bodies of the EU Member States can engender State liability. According to the case law of the ECtHR, national jurisdictions are required to exhaustively control the respect of certain rights of the ECHR in the adoption of the controversial arbitral award. The Spanish Practice regarding the control of internal arbitration awards is in line with international standards for the protection of human rights.

keywords

  • eu law; international awards; state liability; national jurisdiction; human rights; judicial review