On The Recognition And Enforcement Of The Antitrust Arbitral Awards In China

With the deepening of international economic and trade relations,various kinds of civil and commercial disputes have emerged in succession.Because of its unique efficiency,convenience and secrecy,international commercial arbitration has become more and more popular with civil and commercial subjects.And its scope has also been expanding.According to the traditional theories,antitrust disputes can't be arbitrated since they have the nature of public law.However,as a result of the development of transnational enterprises in the economic globalization,the number of private anti-monopoly disputes have been increasing rapidly.Drawbacks of the traditional administrative and judicial modes in dealing with the above-mentioned disputes began to appear.The private antitrust disputes require to be incorporated into the field of international commercial arbitration.As the birthplace of the antitrust law,the U.S.first affirmed the arbitrability of the international antitrust disputes in the Mitsubishi Motors Crop.v.Soler Chrysler-plymouth,Inc.in 1983.The EU then followed it.The European Court of Justice acquiesced in submitting the antitrust disputes to arbitration.Later,America and many European countries have constructed distinctive judicial review mechanisms,which not only guarantee the recognition and enforcement of the arbitral awards concerning on the international antitrust issues,but also promote the normal implementation of the antitrust law.As for China,the existing laws have not yet made a clear regulation on the arbitrability of the antitrust disputes,and there isn't any practice of solving antitrust disputes through arbitration.But now the economic exchanges between China and other countries have become more and more frequently.Once the international antitrust dispute happens,China will be in a passive situation since the U.S.and major European countries has widely acknowledged the arbitrability of antitrust disputes.This thesis first focuses on the key factors involved in the recognition and enforcement of the antitrust arbitral awards.It's definite that there is the possibility of recognizing and enforcing such awards in reality.But with the analysis of the antitrust dispute settlement mechanism in China,we also have to be aware of the two problems in our country:the arbitrability of the antitrust disputes and judicial review,which should be settled as soon as possible.Then the author formulates relative legislation and judicial practice in the U.S.and European countries.Upon the experiences and advantages of the above practice,the author gives some suggestions for our country,which is in order to promoting the recognition and enforcement of the antitrust arbitral awards in the future.