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The arbitrability of antitrust disputes: a Chinese perspective

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journal contribution
posted on 2023-06-10, 01:57 authored by Qingxiu BuQingxiu Bu
The cornerstone of public policy debate opens the door for arbitral tribunals to deal with antitrust disputes. It has long been a controversial issue whether antitrust disputes related to commercial contracts could be arbitrable, given the lack of clarity under Chinese law. China’s Supreme People’s Court in Shell v Huili has seemingly provided important but paradoxical guidance on non-arbitrability. Arguably, the ruling may be incompatible with the doctrine of international comity in the current transnational dispute resolution mechanism. It is argued that the operation costs for all stakeholders would be considerably reduced if China could integrate into the established international track.

History

Publication status

  • Published

File Version

  • Published version

Journal

Journal of Antitrust Enforcement

ISSN

2050-0688

Publisher

Oxford University Press

Issue

2

Volume

10

Page range

303-325

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2021-12-06

First Open Access (FOA) Date

2021-12-21

First Compliant Deposit (FCD) Date

2021-12-06

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