Intra Arbitration Appellate Proceedings v. the One-Shot Doctrine and the European Union

Since some decades, the European Court of Arbitration (CEA) has introduced intra arbitration appellate proceedings, a practice which is strongly opposed by believers of the One-Shot doctrine.

CEA has been practically alone in advocating such appellate proceedings since the greatest part of arbitral institutions handling commercial arbitration have been clearly against it. ICSID arbitration too provides just for an annulment by its ad hoc Committee and not an appeal.

The Commission of the European Union, when dealing with the negotiations with the US for the Transatlantic Trade and Investment Partnership and in its contacts with Canada, has strongly argued that an intra arbitration appellate proceeding is absolutely necessary.

Comments are invited.

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