Arbitration and Antitrust: An overview of EU and national case law

I. Introduction Arbitration is a prominent method of binding dispute resolution in international commercial relations. Some commentators, generally international arbitration practitioners, even claim that it is “the preferred method of international dispute settlement”. Since arbitration ousts all other substantive jurisdiction, where there is arbitration it is generally the only opportunity for the private enforcement of antitrust laws concerning the parties to the arbitration. The case law on antitrust and international arbitration features two prominent issue clusters, and scattered other issues. The first of the prominent issue clusters comprises questions as to the extent to which states are prepared to leave antitrust determinations to arbitrators. Within this cluster are

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Phillip Landolt, Arbitration and Antitrust: An overview of EU and national case law, 10 July 2014, e-Competitions Bulletin Arbitration & Antitrust, Art. N° 45083

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