Navigating Geopolitical Fracture: EU Law, Interim Measures, and theFuture of Arbitration

Navigating Geopolitical Fracture: EU Law, Interim Measures, and the Future of Arbitration Moderator: Professor Bálint Kovács (University of Szeged) Presenter: Manuela Grosu (DLA Piper) Commentators: - Lucia Raimanova (A&O Shearman) Professor Marcin Menkes (Warsaw School of Economics) András Dániel László (LFB Law) Dániel Dózsa (Queritius) The procedural differences between arbitral tribunals and domestic courts has long produced a series of curious decisions. In recent years, this is amplified by legal developments of a geopolitical nature. Tariffs, sanctions, continued military conflict, and the technological race are set to dominate the area of disputes. Geopolitical tensions effect supply chain disruption, and as Europe seeks to rearm itself, control over natural resources, key technologies, and infrastructure will likely drive disputes. Arbitration is well placed for resolving such disputes. Considering the evolution of the relationship between European Union law and international arbitration, the panel will discuss some of the principal developments affecting arbitral proceedings involving EU-based parties. This includes developments in the relationship between arbitral tribunals and domestic courts, both within and outside the EU. The use of interim measures, such as injunctive relief, anti-arbitration injunctions, anti-suit injunctions, and declaratory relief, has become more prevalent. However, their availability and use both depend highly on the legal and jurisdictional context. Their effects on ongoing proceedings and the enforcement of awards makes this discussion timely and valuable for the arbitration community.