International Commercial Arbitration and the Commercial Agency Directive, Softcover reprint of the original 1st ed. 2017
A Perspective from Law and Economics
International Law and Economics Series

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.

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).

Presents an economic analysis of an EU Directive’s impact on arbitral practice

Analyses the practice of German, French, Belgian and English courts

Develops an innovative comprehensive system of review regarding the review of arbitration agreements and arbitral awards