“Should there be a ‘golden bridge’ between arbitral tribunals and the CJEU?” This was one of the questions discussed at the World Atlas of Arbitration Symposium in Prague this September, where Stefan Dobrijević joined Mathias Audit and Lyra Çela on the panel “Commercial Arbitration in the EU: Is There a Writing on the Wall?”, moderated by Michal Říha.
The speakers explored the option of a judicial bypass through a national court, under which a national court would request a preliminary ruling from the CJEU at the request of an arbitral tribunal. Some arbitration laws expressly provide for this possibility, as in Denmark. Others may accommodate it implicitly through broad provisions on judicial assistance, as in Austria and Germany. The panel concluded that the benefits of such mechanisms outweigh any potential impact on the duration of proceedings, and that they may also help strengthen intra-EU trust in arbitration.
Stefan also addressed the CJEU’s recent RFC Seraing decision and its implications for the scope of judicial review of arbitral awards, as well as recent developments in EU sanctions and competition law. The CJEU’s case law continues to confirm the important role of arbitration, both as a mechanism that facilitates economic activity and as an integral part of the administration of justice across the EU.
Stefan is country co-coordinator for Austria and curator of the World Atlas of Arbitration on the topic of new evidence after the award. The expanded 2026 edition of the World Atlas of Arbitration was launched at the Symposium.
Many thanks to the organisers, our fellow panellists and all participants for the engaging discussions and a splendid event in the beautiful city of Prague.