The eco swiss china time ltd v benetton international nv case

The UK government has not taken any steps to implement the directive. To decide whether a tax, duty or charge can be characterised as a turnover tax within the meaning of article 33, it is necessary to determine whether it has the effect of jeopardising the functioning of the common system of VAT by being levied on the movement of goods and services and on commercial transactions in a way comparable to VAT.

Arbitration agreements and foreign laws that do not give effect to mandatory principles of EU law

This paper discusses the provisions of the Directive, in terms of its potential impact on the use of arbitration to obtain private damages within the EU. The agreement to arbitrate is the foundation of all arbitrations and where an agreement freely entered into can be undone by application of laws outside the jurisdiction of the agreement we risk undermining the entire international approach to arbitration.

In the body of the written work in bold short case reference e. According to case law of the Swiss Supreme Court and leading scholarly writing on Swiss arbitration law, it is well settled that antitrust claims that are raised defensively "antitrust claims as a shield"e.

Question 1 Explain the relevant legal principles and advise employees of Tradex Ltd as to any remedies they may have under EU law in relation to the hazards posed by GS gas.

Throughout that period, the field has evolved in exciting and unexpected ways. Importantly, however, the tribunal left the pricing formula tied to oil products because, at that time, there was still no liquid gas index in the relevant market that could reliably represent the price for natural gas on any given day.

Historically, however, this option was not available in many gas markets. And here is the crux of the issue: A claim form can be served out of the jurisdiction with the permission of the court if the claimant establishes a good arguable case that one or more of the "gateway" criteria specified in the Civil Procedure Rules CPR are satisfied and that England would be the most appropriate forum for bringing the claim.

You are required to answer ONE question. About the same time Soler tryed to transship and sale quantity of its vehicles to US and Latin America. The only other candidate for the applicable law was English law.

There are three stages for the issue of arbitrability to emerge: Since the objective of the Competition Law is to prevent market distortion, safeguarding the consumer welfare, promoting economic efficiency, economic growth development, and ensuring the overall efficiency of the market, [18] there is an element of paramount public interest that is involved in the dealings with regard to the matters of the Competition Law issues.

However, Section 2 3 of the Act says that the act would not affect any law by virtue of which certain disputes may not be submitted to arbitration.

Arbitral Decisions on Competition Law Cannot be Reviewed

The case provides a good illustration of the drastic effect that mandatory rules of EU law can have on the enforceability of arbitration and choice of law agreements and awards.

It outlines and analyses the existing legislative framework in relation to the public and private enforcement of EU competition law within the EU, the possibility to arbitrate EU competition law infringements and arbitration of EU competition law in practice.


The licence contained an arbitration clause referring disputes to arbitration in the Netherlands. If European judges will not uphold arbitration clauses where under lying contractual relations fail to take account of European legislation, where does this leave arbitration clauses.

Supreme Court Decision 4C. The court was obliged to give effect to the claimant's mandatory rights under the Regulations. The court held that the essential features of VAT are that: In consequence regarding the arbitration and the awards: The judge's extension of Ingmar to "an arbitration clause providing for both a place and a law other than a law that would give effect to the Directive" paragraph 88 is consistent with the reasoning and principles outlined in that case.

The safety checks resulted in many boxes being opened. The parties therefore must reach a balance. The claimant entered the arbitration and submitted that any claim under the Regulations fell outside the scope of the arbitration clause, but also submitting a counterclaim for compensation under the Regulations.

At the material time, the relevant gateway criteria were contained in CPR 6.

The Evolution of Natural Gas Price Review Arbitrations

Finally, the paper concludes on the potential for arbitration in this area in the future and whether the Directive is likely to have much of an impact in this regard. It also followed that the stay should not have been granted.

According to Swiss scholarly writing as well as the case law of the Swiss Supreme Court, a broadly drafted arbitration clause, such as one containing words like "arising out of or in connection with", will cover extra-contractual, and thus also antitrust claims.

As discussed below, the story of natural gas price reviews has been, until now, largely a European one. The buyers that achieved downward revisions to their supply prices included: In Decemberthey issued an award denying the claimant's request for a declaration that the Regulations fell outside the scope of the arbitration agreement.

He also suggested that it might deter parallel imports if all three companies sold their products in the EU at around the same price. Are antitrust disputes arbitrable in Switzerland. The claimant participated in the arbitration, arguing that any claim under the Regulations fell outside the scope of the arbitration clause, but also submitting a counterclaim for compensation under the Regulations.

It looked at the ability of arbitrators to make references to the court under article The defendant commenced arbitration proceedings, pursuant to the arbitration clause, claiming a declaration that the claimant had no claims against it.

Seminal decision concerning antitrust laws and public policy: EEC antitrust law is not part of public policy in a Swiss arbitration a reminder of the concept of public policy in Swiss case law and a few remarks appear necessary to decide the issue in front of the Federal Tribunal.

Eco Swiss China Time Ltd c. Benetton International NV. The Essay will describe the development of the case-law of the Court of Justice concerning the ex officio application of Community law, starting with the well-known van Schijndel \u26 van Veen v. such as Eco Swiss China Time Ltd. v. Benetton International NV.; Part III will draw a number of interim conclusions in the form of a kind of.

International Commercial Arbitration The Challenge ofthe Award Mag. Martin Platte, LL.M. numbers 1 or 2 of this Law shall not extend this time period.

The Challenge of the Award. Time Limits („When“) Eco Swiss China Time Ltd v Benetton Int‘l NV (ECJ, 1 JuneCase /97) „ it is in the interest of efficient abitration. Der Fall Eco Swiss China Time Ltd. v. Benetton International NV; a) Das Internationale Schiedsrecht; (1) Der Anwendungsbereich der EuGVVO; (2) Merkmal der Internationalität im Schiedsrecht; (3) Regelungen des ordre public im Internationalen Schiedsrecht; (a) Überblick; (b) Maßstab der Überprüfung des ordre public im Internationalen.

The distributor further argued – in reliance on Case C/97 Eco Swiss [] ECR I (Eco Swiss) and Elisa Maria Mostaza Claro v Centro Móvil Milenium SL, C/05 [] E.C.R.

I (Claro) – that any arbitration award "offending against a mandatory rule of EU law would itself have to be refused recognition by national courts in.

ICCA Yearbook Commercial Arbitration. Sincethe Yearbook Commercial Arbitration has been a major source of information concerning international arbitration michaelferrisjr.comhed under the guidance of the General Editor, Professor Dr.

van den Berg, and with the assistance of the Permanent Court of Arbitration, the Yearbook provides an annual update on key developments including.

The eco swiss china time ltd v benetton international nv case
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