Kluwer: The State Aid Risks of Arbitrating With State-Owned Enterprises

Practitioners arbitrating with State-owned enterprises encounter in an EU context, on the one hand, the institutional confidence of arbitration in its own autonomy and, on the other hand, a public-order regime that increasingly insists on the State’s answerability for the commercial choices it makes through, and in, arbitration. This post is written for the practitioner who must reconcile both.