Advanced Search
MyIDEAS: Login

Considerations On International Commercial Arbitration In Competition Matters In The European Union

Contents:

Author Info

  • Ioan LAZÃR

    (Lecturer PhD., Faculty of Law and Social Sciences,“1 Decembrie 1918” University of Alba Iulia, awyer of the Alba County Bar Association, Romania.)

  • Laura LAZÃR

    (Research Assistant, PhD., Faculty of Economics and Business Administration, “Babeº-Bolyai” University of Cluj-Napoca, Romania.)

Registered author(s):

    Abstract

    Traditionally, the arbitrability of the competiton issues was subject of controversy in doctrine. Thus, in the opinion of majority, the confidentiality of the arbitration proceedings was considered inappropriate in what regards solving competition problems, given the fact that the economic policy aspects regarding competition are part of the public policy. Also, experts declared skeptical regarding the ability of arbitrators to resolve competition issues of the cases, due to their complexity. The situation has changed in the meantime and the experience of the recent years shows that arbitration in competition matters became a reality and what’s more a fundamental feature of the international commercial arbitration. The arbitrability of competition issues has not been challenged, the arbitral tribunals are solving competition issues more frequently and with professionalism. These recent developements are important, especially in the context of the modernization of the application of competition law, process which had among its objectives the increasing of the importance of private application of competition law. The paper at hand analyzes the arbitrability of the competitive aspects of the cases pending before the arbitral tribunals, how frequent is the arbitration in competition matters and the role of arbitrators in the application of the EU competition rules. The authors consider that in the current context, arbitration could become an important alternative to the private application of competition law in the European Union.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj12/recjurid122_10F.pdf
    Download Restriction: no

    Bibliographic Info

    Article provided by Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation in its journal Curentul Juridic, The Juridical Current.

    Volume (Year): 49 (2012)
    Issue (Month): (June)
    Pages: 103-111

    as in new window
    Handle: RePEc:pmu:cjurid:v:49:y:2012:p:103-111

    Contact details of provider:
    Email:
    Web page: http://www.upm.ro/facultati_departamente/ea/
    More information through EDIRC

    Related research

    Keywords: arbitrability of competition issues; arbitral tribunals; private application of competiton law; EU competition law;

    Find related papers by JEL classification:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:pmu:cjurid:v:49:y:2012:p:103-111

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bogdan Voaidas).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.