La relación entre el Derecho de la Unión y los convenios internacionales: el caso de la Convención de Nueva York de 1958

TY - CHAP

T1 - La relación entre el Derecho de la Unión y los convenios internacionales: el caso de la Convención de Nueva York de 1958

AU - Penades Fons, Manuel Alejandro

PY - 2018

Y1 - 2018

N2 - This chapter seeks to demonstrate that the tensions that might appear between the international obligations of the Member States and EU law do not always manifest themselves as a frontal and evident collision of the solutions that each instrument proposes. Occasionally, those frictions derive from the indirect effect of the norms or from less apparent confrontations. In these cases, the hierarchical criterion set forth in art. 351 TFEU offers excessively drastic solutions that might not be appropriate. On that basis, this paper proposes the use of interpretative and integrative criteria that are less invasive on the effectiveness of the essential content of the instruments in question. In order to demonstrate this objective, the study explores the interaction between the New York Convention, on the one side, and European consumer law and the Insolvency Regulation, on the other. In both cases, the conclusion is that it is possible to continue to use the general framework for recognition and enforcement of foreign awards designed by the Convention while simultaneously respecting the duties of the Member States to apply consumer law ex officio and the insolvency conflict rules on arbitration.

AB - This chapter seeks to demonstrate that the tensions that might appear between the international obligations of the Member States and EU law do not always manifest themselves as a frontal and evident collision of the solutions that each instrument proposes. Occasionally, those frictions derive from the indirect effect of the norms or from less apparent confrontations. In these cases, the hierarchical criterion set forth in art. 351 TFEU offers excessively drastic solutions that might not be appropriate. On that basis, this paper proposes the use of interpretative and integrative criteria that are less invasive on the effectiveness of the essential content of the instruments in question. In order to demonstrate this objective, the study explores the interaction between the New York Convention, on the one side, and European consumer law and the Insolvency Regulation, on the other. In both cases, the conclusion is that it is possible to continue to use the general framework for recognition and enforcement of foreign awards designed by the Convention while simultaneously respecting the duties of the Member States to apply consumer law ex officio and the insolvency conflict rules on arbitration.

KW - EU law

KW - Arbitration

KW - Consumer Law

KW - Insolvency Law

M3 - Chapter

BT - Repensar la Unión Europea: Gobernanza, Seguridad, Mercado Interior y Ciudadanía

PB - Tirant lo Blanch

ER -