EU law impacts the post-award stage of international commercial arbitration through the post-award regimes in the EU Members States and how these regimes are applied by national courts throughout the EU. The Chapter focuses in this respect on an assessment of the national regimes of the EU Member States with regard to setting aside proceedings and enforcement proceedings in relation to international commercial arbitral awards. The (in)consistencies as to the procedural aspects of those post-award regimes throughout the EU may impact how and to what extent EU law is indeed tested and applied in a uniform and consistent manner by the national courts. In addition, on EU level, more clarity as to exactly which ‘fundamental’ EU law provisions the EU Member States should guarantee a certain degree of review by national courts through their own post-award regimes, may be useful in order to avoid lengthy proceedings in that respect.
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