The Danish Supreme Court upholds a decision of the High Court regarding infringement of competition law by an arbitration award and confirms the “Eco Swiss” doctrine (Taewoong / Ah Industries)

Summary of the case In a January 2016 ruling the Danish Supreme Court rejected the argument that a 2011 arbitration award infringed competition law and therefore should be set aside [1]. The dispute between the parties pertained to the termination of an international distribution agreement between a South Korean and a Danish company. The losing party in the arbitration proceedings had raised a competition law-based argument before firstly the High Court and subsequently before the Supreme Court as one of more grounds for overturning the arbitration award. By its January 2016 ruling the Supreme Court upheld the decision of the High Court, and – indirectly - the decision of the arbitration tribunal. The arbitration tribunal interpreted the parties’ agreement to the effect that it did not

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Christian Bergqvist, Laurits Schmidt Christensen, The Danish Supreme Court upholds a decision of the High Court regarding infringement of competition law by an arbitration award and confirms the “Eco Swiss” doctrine (Taewoong / Ah Industries), 28 January 2016, e-Competitions Bulletin January 2016, Art. N° 80922

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