The
relationship between European law and that relating to arbitration is
constantly evolving. Paradoxically, at a time when the Commission has confirmed
the utility of arbitration to control undertakings given by companies in the
context of various «competition proceedings», the recent restrictive case law
of the European Court of Justice on the effect of jurisdiction clauses, which
must expressly refer to potential competition law disputes in order to be
effective, could have an impact on arbitration clauses. Similarly, the latest
developments relating to judicial review over arbitral awards by reference to
public policy also have an impact on the law of the European Union. One of the
issues is to determine to what extent a state court dealing with arbitration may
seek a preliminary ruling from the European Court of Justice without
interfering with the substantive dispute.