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Arbitrability of competition law disputes

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journal contribution
posted on 2023-06-09, 07:23 authored by Beata Kozubovska, Rita Griguolaite
The article analyses the arbitrability of antitrust claims. A detailed discussion of US, non-European and EU case-law, and academic literature provides an overview of the key restrictions to the arbitrability of antitrust claims. In the first section, authors analyse the rationale behind non-arbitrability of antitrust claims. Moreover, by the analysis of the evolution of the legal doctrine the authors show that arbitrability of competition law disputes per se is no longer being questioned in international commercial arbitration. Civil law consequences deriving from the infringement of competition law between individual parties may be referred to the international commercial arbitration. Next, the article provides in-depth analysis of the case-law of US courts, the CJEU, EU Member States courts, which dealt with the questions of arbitrability of antitrust claims. The case-law eliminates the worries of the regulatory authorities that imperative competition laws will not be obeyed by arbitrators as arbitration awards may be reviewed and set aside or unenforced where appropriate. Finally, Lithuanian Law on Commercial Arbitration is discussed drawing attention to the need to observe the trends of international commercial arbitration and follow aforementioned CJEU case-law which recognizes arbitrability of antitrust claims and sets particular obligations towards national courts when recognizing and enforcing arbitral awards.

History

Publication status

  • Published

File Version

  • Published version

Journal

Jurisprudencija

ISSN

1392-6195

Publisher

Mykolas Romeris University

Issue

2

Volume

22

Page range

360-381

Department affiliated with

  • Law Publications

Notes

Published in Lithuanian

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2017-07-26

First Open Access (FOA) Date

2017-07-26

First Compliant Deposit (FCD) Date

2017-07-26

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