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21 Arbitration

Mark Brealey, Kyla George

From: Competition Litigation: UK Practice and Procedure (2nd Edition)

Edited By: Mark Brealey QC, Kyla George

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 September 2022

Basic principles of competition law — Arbitration procedures — Appeals — Judicial remedies

This chapter examines the role of arbitration in competition law as well as its advantages and disadvantages when it comes to resolving disputes compared to other approaches. It provides examples of competition law issues resolved through arbitration and how arbitration has been used by authorities such as the European Commission to police and enforce commitments. It also discusses the jurisdictional competence of arbitrators in relation to competition law disputes and issues, such as challenging the extent and validity of an arbitration clause. The chapter proceeds by analysing the arbitrability of competition law issues, the construction and use of arbitration clauses in competition cases, the doctrine of ‘separability’ and the illegality of agreement containing arbitration clause, and the anti-competitive effect of an arbitration agreement. Finally, it describes the practicalities of resolving competition law issues through arbitration, along with the rules governing appeals and enforcement of arbitral awards.

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