China's supreme court enunciated the non-arbitrability of antitrust civil disputes* For a few years, the topic of whether antitrust civil disputes could be arbitrable had been hotly debated in China. There were few precedents in connection with this issue for people to better understand what China’s judicial position is, and local courts presented discrepant attitudes toward this issue in the past. Nevertheless, the Supreme People’s Court of China (the “Supreme Court”) has made clear its stance in one of its recent adjudications, rendered in August 2019, that the arbitration clause could not exclude jurisdiction of Chinese courts over the antitrust civil disputes, which could be viewed as an official judicial voice on this regard and could be relied on. This landmark adjudication is
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The Chinese Supreme Court clarifies its stance on arbitration clauses and states that the jurisdiction of courts over antitrust civil disputes cannot be excluded (Shell China / Huili)
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