Part III International Commercial Arbitration and ADR, 9 Arbitration and ADR
- Arbitration procedures — Allocation of cases — Appeals — Judicial review — National Courts — National courts
This chapter addresses the issues arising from the role of arbitration and Alternative Dispute Resolution (ADR) in competition law matters. If arbitration is to continue to flourish and to expand to areas involving important issues of public policy, it is necessary that it provide equivalent protection to the parties and the public interests involved as would be provided by the courts. At the same time, arbitration should not lose its private nature. If it did, it would also lose its main advantage over litigation before the state courts. In this light, the chapter provides an overview of the arbitration of competition disputes in practice. It explores the interaction between arbitral tribunals and the competition authorities in the enforcement of competition law, and analyses the use of ADR in competition disputes.