International Commercial Arbitration and the Commercial Agency Directive: A Perspective from Law and Economics

by Jan Engelmann

Overview

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.

Product Details

ISBN-13:	9783319837383
Publisher:	Springer International Publishing
Publication date:	07/12/2018
Series:	International Law and Economics
Edition description:	Softcover reprint of the original 1st ed. 2017
Pages:	253
Product dimensions:	6.10(w) x 9.25(h) x (d)

About the Author

Jan Engelmann legal studies in Freiburg, Hamburg and Padua (2003-2009), First State Examination in Law, Hamburg (2009), Member of the Graduate School of Law and Economics, University of Hamburg (2010-2013), Visiting Research Fellow at London School of Economics (2012) and Columbia Law School (2012-2013), Second State Examination in Law, Higher Regional Court of Berlin (2015).

Table of Contents

1 Introduction.- 2 Balancing Party Autonomy and EU Law in the Member States' System of Review.- 3 Assessment of Arts 17 to 19 Commercial Agents Directive and Their Impact on Cross-Border Commercial Agency.- 4 Arbitral Tribunals and the Application of Arts 17 to 19 Commercial Agents Directive After Ingmar.- 5 Preferable System pf Review Regarding Adherence to Arts 17 to 19 Commercial Agents Directive.- Overall Summary.