Arbitrability Of Antitrust Disputes

Because of the controversy producing with monopoly and market competition, monopoly controversy is more closely related to the interests, the national management market, maintaining competition order and the public policy. Long ago, the controversy of antitrust can't be solved by arbitration. Once upon a time, many countries have been negative to antitrust dispute solving by the arbitration and take such disputes into court exclusive jurisdiction category. But along with the development of arbitration of all countries in recent years, countries also rejected this policy, instead of, the arbitration matters utterance revealed a trend. Our scholars generally agree that our government still have bad implementation system conditions. To fulfill the obligations prescribed in the New York convention and make full use of the advantage of arbitration procedure, our country should acknowledge that antitrust dispute can be taken into arbitration matters categories. In the perspective of natural law, excepting for the vertical type disputes which happens between authority and implement monopoly operator, banning monopoly agreements, prohibiting abuse of dominant market position, and prohibiting excessive enterprise concentrated largely on what happened in equality are the horizontal type disputes. They should be submitted to arbitration for resolution. Some scholars analyzed the arbitration law of our country, thinking based on the practice of other countries, antitrust dispute can be submitted to arbitration.This article attempts to interpret international commercial arbitration domain of anti-monopoly dispute arbitration as a research object. It will demonstrate the issue from legal theory and commercial practice. With economic globalization and the improvement of China's arbitration system, the arbitrability of anti-monopoly controversial has encountered a lot of problems. The issue wants to analyze the legal issues in the world today in the United States and china, besides the main representative western developed countries from legislation and practice angle, and finally puts forward the countermeasures and advice for our country.