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The arbitrability of antitrust disputes: a Chinese perspective
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.
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Publication status
- Published
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- Published version
Journal
Journal of Antitrust EnforcementISSN
2050-0688Publisher
Oxford University PressExternal DOI
Issue
2Volume
10Page range
303-325Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2021-12-06First Open Access (FOA) Date
2021-12-21First Compliant Deposit (FCD) Date
2021-12-06Usage metrics
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