The Swiss Federal Tribunal renders a decision putting into question the arbitrator’s public policy dilemma with regard to competition law

This article is an extract of a set of five contributions around the Swiss Federal Tribunal's Decision of 8 March 2006 published in the review Concurrences N° 3-2006. Other articles by : Professor Laurence Idot, ECJ Advocate General Damaso Ruiz Jarabo Colomer, Professor François Knoepfler and Benoît Merkt. Contributions directed by Professor Christian Bovet. See online Introduction Two hundred years ago, an English judge described “public policy” as “a very unruly horse, and when once you get astride it you never know where it will carry you. It may lead you from sound law” [1]. Public policy remains today an unruly horse that arbitrators are, from time to time, required to ride. Where a party puts issues of public policy directly before an arbitral tribunal, there is no question but that

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Laurence Burger, Constantine Partasides QC, The Swiss Federal Tribunal renders a decision putting into question the arbitrator’s public policy dilemma with regard to competition law, 8 March 2006, e-Competitions Bulletin March 2006, Art. N° 1384

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