Research On The Arbitrability Of Monopoly Disputes

As an economic charter in the field of market economy,the Anti-Monopoly Law is committed to maintaining the order of the market economy and protecting the free competition of market entities.The commercial arbitration system is a quasi-judicial dispute resolution mechanism that follows the principle of autonomy of private law.Due to the difference between the Anti-Monopoly Law and the commercial arbitration system in terms of legal interests,anti-monopoly disputes have long excluded the intervention of the commercial arbitration system.However,with the development of international commercial trade needs and the improvement of the commercial arbitration system,the advantages of the arbitration mechanism compared to the traditional dispute resolution mechanism are more prominent,its efficiency,convenience,confidentiality and other advantages make the original non-arbitrable dispute matters are gradually allowed to apply the arbitration mechanism,in the field of anti-monopoly,the issue of the arbitrability of monopoly disputes has also triggered the exploration of the theoretical and practical circles,due to the lack of relevant provisions in the laws of China,resulting in contradictions in the adjudication of different courts on the issue of whether monopoly disputes can be arbitrated in practice.To some extent,this affects the effectiveness of the implementation of the Anti-Monopoly Law,and the embarrassment of inconsistent judicial decisions also calls for legislation to confirm the arbitrability of monopoly disputes.Traditionally,monopoly disputes have always excluded the intervention of arbitration because it is believed that the application of arbitration mechanisms to monopoly disputes is contrary to public policy and that the level of arbitration is not sufficient to deal with complex monopoly disputes.However,after an in-depth analysis of the issue of arbitrability,although arbitrability is closely related to public policy,monopoly disputes and arbitration mechanisms do not necessarily conflict,nor can public policy be used as the only criterion for measuring the arbitrability of disputed matters.It should be emphasized that compared with the traditional form of monopoly dispute resolution,arbitration resolution has the advantages of low law enforcement cost and high economic efficiency,which is conducive to timely fixing points and stopping disputes.Therefore,China should,in accordance with the principle of autonomy of will,respect the original intention of the parties to the contract to conclude the contract,follow the objective needs of economic development in the context of China’s "Belt and Road",and conditionally recognize the arbitrability of monopoly disputes.On the basis of clarifying the arbitrability of some monopoly disputes through legislation,clarifying the scope of monopoly disputes that can be applied to the arbitration mechanism,and on the basis of drawing on the experience of foreign judicial practice,establish a legal system that can support the efficient operation of the monopoly dispute arbitration resolution mechanism,so as to better promote the efficient settlement of monopoly disputes in China.