John Deere case law under review

TRENDS: ARBITRATION - PUBLIC ORDER - COMPETITION

Arbitration, competition law and public order

EC Regulation n° 1/2003 increased the role of arbitrators, ordinary law judges of competition, in the same way than states judges. The meeting between arbitration and competition law nonetheless arises some particular issues due to a natural antagonism between the public order character of competition law rules and the demand for autonomy of arbitration, especially international, antagonism illustrated by recent cases. The competition law field finds an interest in this subject currently debated in the arbitration field.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Table of ContentsPresentation by Christian BovetProfessor at the University of Geneva Public policy, competition and arbitration: State of the meeting by Laurence IdotProfessor at the University of Paris I Panthéon - Sorbonne Droit de la concurrence et réserve de l'ordre public en arbitrage by François KnoepflerLawyer at the Bar of Neuchâtel, Honorary Professor at the University of Neuchâtel Public policy and competition law: "Utopia" or reality? by Benoît MerktLawyer at the Geneva Bar The Swiss Federal Tribunal's decision of 8 March 2006: A deepening of the arbitrator's public policy dilemma? by Constantine PartasidesSolicitor of the Supreme Court of

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Laurence Idot, Laurence Burger, Constantine Partasides, Christian Bovet, François Knoepfler, Dámaso Ruiz-Jarabo Colomer, Benoît Merkt, Arbitration, competition law and public order, September 2006, Concurrences N° 3-2006, Art. N° 12029, pp. 10-32

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