Wednesday, August 29, 2018

Arbitration Clauses and Competition Law

James Segan describes Arbitration Clauses and Competition Law.

ABSTRACT: There is a considerable body of literature on the topic of arbitrating competition law disputes.1 The focus of such literature has tended to be on three topics in particular, namely (i) whether competition law claims are arbitrable at all; (ii) whether arbitral tribunals are under a duty to rule upon competition law claims raised by the parties or to raise such issues ex officio, and (iii) whether and in what ways a court, asked to review an arbitral award, should apply competition law even if not raised before the arbitral tribunal.

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