Keywords
competition law, arbitration, international commercial arbitration, dispute resolution, EU competition law
Abstract
The subject-matter of this article encompasses selected legal issues on the relationship between international commercial arbitration and competition law. The main perspective used in this paper is that of an arbitrator (clearly being only one of several possible). The paper points to two main issues of universal (international) meaning in response to the following questions: 1) Can (or in fact must) the arbitrator apply competition law (in terms of admissibility of the submission of the dispute to arbitration)? 2) which competition law should the arbitrator apply? The arguments presented in the paper refer to a potential fact scenario of a dispute (one that would have to be settled by arbitration), which will be settled by the Authors. A few conclusions will be drawn de lege lata and de lege ferenda concerning the relationship between competition law and international commercial arbitration for the main actor resolving disputes – an arbitrator.
Recommended Citation
Nowaczyk, P., & Syp, S. (2013). International commercial arbitration and competition law – selected legal issues from the perspective of an arbitrator. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 2(5), 81-89. Retrieved from https://press.wz.uw.edu.pl/ikar/vol2/iss5/6
First Page
81
Last Page
89
Page Count
8
Publisher
University of Warsaw
