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Business Articles Awards > Procedure

Arbitrability of Competition Law Issues Reinforced

Deyan Draguiev, Kluwer Arbitration Blog, 2014

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A number of decisions of various national courts have dealt with the issue whether a competition law dispute may be referred to arbitration. Although the case law tends to favour a positive answer, it is still an issue that is being continuously brought up in litigation as an easy way out of arbitration clauses. This is supported by the reasoning that mandatory rules implementing public policy goals, such as competition law, should protect important social interests and their enforcement should not be left to uncontrolled national or international arbitral bodies. Still, a steady line of case law continues to accrue and reinforce the view that competition law may be (and should be) arbitrable, which was very recently upheld by a Spanish court decision of 18 October 2013.

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