Eu And Us Antitrust Arbitration PDF Download

At first glance, it may appear that arbitration and antitrust issues are incompatible. After all, antitrust laws are designed to promote competition and protect the public good, while arbitration is a private process in which parties choose arbitrators to resolve their disputes outside of the public justice system. However, in the past few years, a body of jurisprudence on the intersection of arbitration and competition law has been growing. This includes cases in which parties have sought to use arbitration to resolve antitrust disputes, as well as cases in which competition law issues have arisen in the context of arbitration proceedings. One key issue is whether arbitrators are equipped to deal with the complexities of antitrust law, and whether their decisions are subject to review by public authorities. The role of arbitrators in competition law cases is another important consideration. Unlike judges in the public justice system, arbitrators are chosen by the parties and do not have the same level of authority or independence. This can raise questions about their ability to apply antitrust laws effectively and impartially. On the other hand, arbitration may offer certain advantages over litigation, such as greater flexibility, confidentiality, and speed. Another area of concern is the relationship between public institutions like the European Commission (EC), national competition authorities, and arbitrators. While competition authorities have traditionally played a central role in enforcing antitrust laws, some have argued that arbitrators can also contribute to this effort by promoting compliance with competition rules and ensuring that antitrust issues are adequately addressed in arbitration proceedings. However, there are also concerns about the potential for conflicting decisions and the need to coordinate effectively between different institutions.This article seeks to delve into the applicability of the arbitration process for competition law issues. The first leg of the paper will elaborate on the expanding jurisprudence on the intersection of arbitration and competition law matters, the second leg will look into the functions of the arbitrator in competition law cases and the last leg of this paper will develop on the relationship between public institutions like the European Commission (EC), national competition authorities and the arbitrators.