Study On China’s Antitrust Dispute Arbitrability

Arbitration system occurred in the Middle Ages. It had has been gradually improvedthrough thousand years’ development, becoming a standing shoulder to shoulder disputeresolution method with the litigation. In dealing with international commercial disputes,compared with litigation, arbitration system has many advantages. However, for traditionaltheory, it is generally believed that antitrust dispute has a strong character of public law,and therefore is not arbitrable. Countries usually submit antitrust disputes to the court for ajudicial decision.In recent years, with the rapid development of international commercial arbitrationsystem, attitude of countries has changed for antitrust dispute arbitration, from thebeginning of a complete denial to gradually admission. For example, during the trial of“Mitsubishi Motors Corp”, the United States affirmed that antitrust disputes werearbitrable, and the European Union to some extent also indirectly recognize antitrustdispute arbitrability through some relevant judicial practices. However, China’s attitude ofantitrust dispute arbitrability has been vague and uncertain, which neither accords with thedevelopment trend of international commercial system nor is in favour of China’sarbitration system with international standards. Using arbitration to resolve antitrustdisputes can not only reduce the burden of courts and antitrust enforcement agencies andprevent malfeasance and corruption of anti-monopoly law enforcement agencies, but isof great importance to the development of China’s foreign trade. Therefore, the trend ofantitrust dispute arbitrability is irreversible. As a typical statute law country, China cannotconfirm antitrust dispute arbitrability by means of cases, but need to improve relevant lawsand regulations and expands the scope of arbitrable issues and expressly regulates anarbitration settlement mechanism of antitrust dispute. Extraterritorial legislation of antitrustdisputes arbitrability and relevant judicial practices can provide references for setting upChina’s antitrust dispute arbitration mechanism.Arbitration is a nongovernmental dispute resolution, but cannot completely beinvolved in the state power. It is very necessary for the court to supervise antitrust disputes arbitration. Therefore, China needs to improve antitrust dispute judicial supervision system,and on this basis establishes an antitrust dispute arbitration mechanism consistent withChina’s national conditions.