The effectiveness of arbitration in resolving competition law disputes, considering the conflict between arbitration's principle of private autonomy and the application of public policy
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Date
2023
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Publisher
Queen Mary University of London
Abstract
This dissertation examines the effectiveness of arbitration in resolving competition law disputes, highlighting the tension between private autonomy and public policy. It explores the arbitrability of competition law claims, the impact of public policy on the enforcement of arbitral awards, and the conflicts that arise between arbitration practices and the regulatory framework established by the European Commission. Through a comprehensive analysis of case law and legislative developments, the study aims to assess whether arbitration can serve as a viable mechanism for addressing competition law issues in a globalized market.
Description
This dissertation examines the effectiveness of arbitration in resolving competition law disputes, highlighting the tension between private autonomy and public policy. It explores the arbitrability of competition law claims, the impact of public policy on the enforcement of arbitral awards, and the conflicts that arise between arbitration practices and the regulatory framework established by the European Commission. Through a comprehensive analysis of case law and legislative developments, the study aims to assess whether arbitration can serve as a viable mechanism for addressing competition law issues in a globalized market.
Keywords
International business law. Competition law. Arbitration