Arbitration In Antitrust. An examination of the arbitrability of anti-trust disputes in major jurisdictions

      Аннотация: In commercial dispute resolution arbitration has undoubtedly become the preferred method. Not only do litigations take time and resources (especially antitrust disputes which is ‘notoriously fact intensive, time consuming and expensive’ ), the outcome is potentially subject to appellate reviews with attendant uncertainties. Further, the peculiarities of national laws and legal systems are minimised in arbitration than is otherwise the case when parties go to court. Also, due to the near universality of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, there is a worldwide regime for the recognition and enforcement of final arbitral decisions, something which is still lacking for court judgments. In the recent past competition issues were universally inarbitrable and when arbitrators are confronted with disputes having such elements, they hands off and point the parties to the direction of the courts - if they cannot settle their disputes amicably. This book will attempt to answer complex questions that antitrust disputes pose to arbitral tribunals when confronted with a dispute having anti trust elements.

Ключевые слова: Anti-Trust, arbitration, Competition Law