ABSTRACT
Chapter 3 seeks to define the concept of “a court or tribunal of a Member State”. It suggests that the CCJ should establish a Community meaning of “a court or tribunal”, and for that purpose it should set out the appropriate criteria for the identification of such a body. However, the CCJ should not “transplant” into CSME law the criteria used by the ECJ, for many reasons which are explained in this chapter. Finally, this chapter assesses whether private arbitration courts and tribunals should be within the scope of Article 214 RTC, given that those bodies are called “courts and tribunals”, but their jurisdiction is based on contractual arrangements between private parties which entails that it is never compulsory in nature.
