In the world of
European Union (EU) law and arbitration, the Court of Justice of the EU (CJEU)
plays the ice-skating judge. The CJEU has taken the role of deciding whether
arbitral awards should wear the crown of EU law conformity before they can move
freely across Member States. Recent cases like London Steamship and
International Skating Union (ISU) have shown the CJEU insisting on a routine
where EU law may trump arbitral autonomy, especially in proceedings involving
EU law. This approach could chill the atmosphere, making the warm embrace of
the New York Convention 1958 (NYC 1958) for cross-border arbitral awards seem
like a nostalgic memory.