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A Study On The Abitrability Of Antitrust Dispute

Posted on:2009-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:L Z WangFull Text:PDF
GTID:2166360272990867Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Antitrust dispute can be horizontal or vertical. Horizontal antitrust dispute has its particularity, and is related to both commercial interest between the equal parties and public policy. As the variation of relationship between arbitrability and public policy, the arbitrability of horizontal antitrust dispute has been gradually recognized. This thesis, by means of comparative analysis and case study, highlights the overseas experience on the arbitrability of antitrust dispute and related factors affecting legislation and judicature in the history of its development, analyzes how to learn from overseas experience and establish corresponding mechanism in China.Chapter One discusses the arbitrability of antitrust dispute. This chapter, centering on the clarification and definition of arbitrability of antitrust dispute, analyzes the content and standard of arbitrability, discusses the feasibility of solving antitrust dispute by arbitration and reviews the authority, affecting factors and tendency of arbitrability of antitrust dispute.Chapter Two focuses on overseas experience on arbitrability of antitrust dispute. It mainly reviews cases on arbitrability of antitrust dispute in the legislation and judicature of America and EU, and thus concludes that China should consider its own situations and features, determine a reasonable arbitral scope for antitrust dispute, and authorize the judicial organ to determine a reasonable scope of judicial review for arbitral antitrust dispute.Chapter Three reviews the defects of present legislation of arbitrability of antitrust dispute in China, discusses the necessity and feasibility of its recognition and makes some suggestions on the clarification of arbitral antitrust dispute and its judicial supervision.
Keywords/Search Tags:Antitrust Dispute, Arbitrability
PDF Full Text Request
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