Arbitrating Antitrust Disputes in China: Constraints and Prospects
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China is currently in the process of revising its Arbitration Law in an attempt to boost the attractiveness of arbitration as a suitable forum for resolving commercial disputes. At the same time, the construction of the unified national market increased the importance of the Anti-Monopoly Law in curbing anti-competitive practices and abuses of dominant market position. While familiarity with competition law is continuously growing among the Chinese business and legal communities, the possibility of arbitrating antitrustrelated disputes, especially in the context of contractual relationships, remains unclear. The present paper discusses the arbitrability of various types of antitrust disputes in China by analyzing the applicable legislation and the emerging jurisprudence of the Chinese courts. The paper draws valuable insights from the judicial practice in the European Union and its Member States, where the arbitrability of antitrust disputes is accepted and the courts have addressed a number of pertinent issues that can affect the enforceability of the resulting arbitral awards.
Abstract
China is currently in the process of revising its Arbitration Law in an attempt to boost the attractiveness of arbitration as a suitable forum for resolving commercial disputes. At the same time, the construction of the unified national market increased the importance of the Anti-Monopoly Law in curbing anti-competitive practices and abuses of dominant market position. While familiarity with competition law is continuously growing among the Chinese business and legal communities, the possibility of arbitrating antitrustrelated disputes, especially in the context of contractual relationships, remains unclear. The present paper discusses the arbitrability of various types of antitrust disputes in China by analyzing the applicable legislation and the emerging jurisprudence of the Chinese courts. The paper draws valuable insights from the judicial practice in the European Union and its Member States, where the arbitrability of antitrust disputes is accepted and the courts have addressed a number of pertinent issues that can affect the enforceability of the resulting arbitral awards.
참고문헌 (36)
- "Anti-Monopoly Law of People’s Republic of China (2022 Amendment), promulgated by the Standing Committee of the National People’s Congress on June 24, 2022", ~
- "Arbitration Law of the People’s Republic of China, adopted at the 9th Session of the Standing Committee of the Eighth National People’s Congress on Aug. 31, 1994", ~
- "Civil Procedure Law of the People’s Republic of China, as amended at the 5th Session of the Standing Committee of the Fourteenth National People’s Congress on Sep. 1, 2023", ~
- "Interpretations of the Supreme People’s Court on Several Issues Concerning Application of the Law of the People’s Republic of China on Choice of Law for Foreign-Related Civil Relationships (I), Dec. 28, 2012", ~
- "Notice of the General Office of the State Council, General Office of the CCP Central Committee on improving the arbitration system and improving the credibility of arbitration, Dec. 31, 2018", ~
- "Notice by the Supreme People’s Court of Issuing the Guiding Opinions for Fully Maximizing the Role of Judicial Functions to Boost the Development of Micro, Small and Medium-Sized Enterprises, Jan. 13, 2022", ~
- "Notice of the Supreme People’s Procuratorate on Implementing the Anti-Monopoly Law of the People’s Republic of China, July 29, 2022", ~
- "Opinions of the Central Committee of the Communist Party of China and the State Council on Accelerating the Construction of a National Unified Market, Apr. 10, 2022", ~
- "Provisions of the Supreme People’s Court on Several Issues concerning Deciding Cases of Arbitration-Related Judicial Review, Dec. 4, 2017", ~
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