The Arbitrability Of Anti-trust Issue In International Commercial Arbitration

With the continuous deepening of commercial exchanges between countries,international commercial arbitration has not only experienced continuous growth in number.Due to the expansion of the scope of matters involved,the practice of international commercial arbitration has also put forward new requirements for theoretical research.Among them,whether the disputed matter can be arbitrated is an important issue.When the parties submit their dispute to the arbitral tribunal for arbitration,the arbitral tribunal should first determine whether the matter is arbitrable.When arbitrating an award or implementing an arbitration agreement,it should also determine whether the matter is arbitrable.After years of development in international commercial arbitration,the arbitrable field is expanding,that is,the number of arbitrable matters is gradually increasing,and many disputes that did not have arbitrability have now entered the arbitrable field.However,because it often involves the public interest and public law fields,antitrust disputes have been considered to be non-arbitrable.However,since the 1980 s,commercial arbitrations involving antitrust disputes have been increasing.Therefore,whether a monopoly dispute can be submitted to an arbitral tribunal for arbitration has become an urgent issue in the field of international commercial arbitration.In this regard,this article intends to start with the concepts of arbitrability and antitrust disputes,combine the practice of antitrust arbitration in European and American countries.Finally,a preliminary idea is put forward to establish an arbitration mechanism for antitrust disputes in China.This article is divided into the following sections:Chapter One is an overview of arbitrability in international commercial arbitration.It mainly discusses the arbitrability of antitrust disputes,that is,whether antitrust disputes as the object of disputes can be submitted to arbitral awards.Arbitrability plays an important role in arbitration,especially international commercial arbitration,and has important significance in the legislation and practice of international commercial arbitration.Different countries have different regulations on arbitrability,but on the whole,in recent years,the restrictions on arbitrability in national legislation have become looser.The second chapter is a review of antitrust disputes and dispute resolution.If commercial entities can choose arbitration in addition to litigation to resolve antitrust disputes between them,it is not difficult to find that arbitration also has the advantages of lack of litigation,such as higher efficiency of arbitral awards;Arbitrators can more quickly grasp the information and knowledge necessary to resolve antitrust disputes.In addition,the recognition and enforcement of arbitral awards can also ensure that antitrust awards do not conflict with a country's domestic laws and regulations and public policies.The third chapter analyzes the arbitrability of antitrust disputes in the practice of international commercial arbitration.Proceeding from the principle of will autonomy applied in international commercial arbitration,it is reasonable to conclude that the parties freely arrange the settlement of their disputes within the scope of the law.However,with the development of the international economy and the evolution of international commercial arbitration practice,the arbitrability of antitrust disputes in Europe and the United States has shown a loose trend.The fourth chapter indicates the arbitrability argumentation and countermeasures of antitrust disputes in China's commercial arbitration.China's current "Civil Procedure Law" and "Arbitration Law" do not make clear the arbitrability of antitrust disputes,but the "Antitrust Law" clearly states that monopoly operators need to bear corresponding civil liabilities,which provides antitrust disputes with arbitration settlement.Maybe.Recognizing the arbitrability of antitrust disputes is conducive to protecting our enterprises from abuse of antitrust litigation by foreign parties,and is conducive to China's further opening up to the outside world.It is also a useful supplement to the existing antitrust relief system.China's decades of commercial arbitration practice and the precedents of foreign and international arbitration institutions on this issue have provided valuable experience for China to establish a sound antitrust arbitration system.In the concluding part,the content of the article is summarized.Starting from the question,it briefly explains the background of the arbitrability of antitrust disputes.This article discusses this issue and the countermeasures that China can take.Recommendations made.